Nederland, Town of

The meeting commenced after resolving initial technical issues with remote attendees. The consent agenda was approved, which included the appointment of two new members, Meg Fox and Richard Brandon, to the NDDA (Netherland Downtown Development Authority). A board member provided a public clarification regarding the process for write-in candidates for the upcoming mail ballot election, confirming that due to missed filing deadlines, no write-in candidates are valid, resulting in one vacant trustee position post-election. Staff reports detailed ongoing projects and noted a busy start to 2026. Discussions also covered the timeline and enforcement recourse for the Tibo Properties demolition project following the approval of a stabilization permit. A liaison for the Sustainability Advisory Board was addressed. The main action item involved presenting the full application for the Colorado Energy Office Local Impact Accelerator Grant, which focuses on policy changes, specifically ADU (Accessory Dwelling Unit) supportive jurisdiction certification, code adoption, public engagement, and pre-approved plan development.

The meeting was convened due to Mayor Taylor submitting his resignation, which created a second vacancy (the first being for the trustee position when he assumed the role of Mayor). The board discussed the state statute allowing vacancies to be filled by appointment or special election within 60 days. Key discussions included clarifying Town Code Section 2-4 regarding trustee terms, which does not dictate how vacancies are filled, as that is governed by state statute. The cost difference between mail-in ballot elections (estimated at $2,000) versus past elections involving TABOR notices (nearly $4,000) was reviewed. Trustees expressed a desire to give residents control, favoring a special election for both the mayoral and trustee vacancies. There was also discussion regarding the need to review and clarify town code regarding a sitting trustee running for Mayor mid-term to avoid future ambiguity.

The meeting focused on an action item concerning a minimum lot size variance for the property at 305 Boulder Canyon Drive, which is an undeveloped lot in a Low Density Residential Zone. The applicant sought permission to develop a single-family residential structure on a lot measuring 15,483 square feet, which is below the required 16,000 square feet minimum. Discussion involved verifying that the lot was not non-conforming due to previous ownership divisions and clarifying that the variance would not alter the neighborhood's character. The board also clarified that approving the lot size variance does not preclude future Accessory Dwelling Unit (ADU) applications, as ADUs are permitted under LDR zoning standards provided other requirements are met. Staff recommended approval of the variance, and there were no objections from Public Works or the Fire Department.

The Board meeting included consideration and subsequent appointment of a trustee to fill a vacancy, with Tynny Maris being appointed and sworn in. A significant portion of the meeting was dedicated to the extension of the temporary moratorium on Short-Term Rental (STR) applications. The Board discussed the need for a 60-day extension, setting the new end date to August 4th, to allow staff time to incorporate Board feedback into the STR ordinance, particularly regarding whether commercially zoned STRs should be included in residential limits. Additionally, the Board addressed the reconsideration of Ordinance 859, which originally authorized a Special Review Use Agreement for Teens Inc to lease town property for a childcare facility. The Board decided whether to repeal the ordinance or submit the measure to a vote of registered electors on July 30th. Finally, the Board deliberated on whether to become the applicant for a Right-of-Way vacation request for a portion of Fifth Street, which had been associated with the Teens Inc proposal.

The meeting addressed the approval of the April 27th meeting minutes, with clarification provided regarding their detail level due to note-taking limitations. The primary action item involved a public hearing for a Special Review Use (SRU) application from Bakery Brothers LLC to establish a retail marijuana cultivation facility at 258 East 5th Street, located in the General Commercial zone. Town staff recommended approval of the application, noting compliance with the 500-foot separation rule from other cultivation facilities and favorable neighborhood outreach with no expressed concerns. A specific stipulation regarding parking requirements for wholesale manufacturing was noted, requiring a recommendation to the Board of Trustees. The applicants, Cassidy Ortiz and Jason Villalobos, presented background information and detailed their odor mitigation plan utilizing approximately 16 Can Filter 125 units to scrub over 32,000 cubic feet of air per minute. Public comments focused primarily on potential odor and external lighting from the proposed facility, with assurances provided regarding downward-pointing security lighting and robust air filtration.