TOWN OF NEDERLAND PLANNING COMMISSION REGULAR BUSINESS MEETING NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 October 28, 2015 - 7:00 P.M. AGENDA _________________________________________________________________________________ A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF MINUTES FROM September 23, 2015 D. PUBLIC COMMENT E. INFORMATION ITEMS 1. Community Forum on the Definition of Affordable Housing in Nederland F. ACTION ITEMS 1. Consideration of a Special Review Use (SRU) Home Occupation for Marijuana Cultivation by Ashley Wright at 78 Barker Road. G. DISCUSSION ITEMS H. OTHER BUSINESS I. ADJOURNMENT
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TOWN OF NEDERLAND PLANNING COMMISSION ...2015/10/28 · TOWN OF NEDERLAND PLANNING COMMISSION REGULAR BUSINESS MEETING NEDERLAND COMMUNITY CENTER 750 Hwy 72 Nederland, CO 80466 October
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Community Forum on the Definition of Affordable Housing in Nederland SUMMARY:
The Commission expressed a desire at its September meeting to hold a community discussion to develop a Nederland definition for affordable housing, in order to guide our efforts in policy and incentives to create additional housing product in the community. This step in the Commission’s concentration on housing policy in 2015 and 2016 emerged from the July visit of the EPA team, cited in their final report presented to the Commission last month. Attached is a proposed agenda for the community forum, tentatively scheduled for Thursday, Dec. 3 at 6 p.m. This date allows coordination with the Housing Sub-committee of the Peak to Peak Housing and Human Services Task Force, which presented a panel on affordable housing design and density in September. The Commission also requested information about financial formulas and demographics related to the local population to assist in developing the definition of affordability for Nederland. That information is also attached and may be discussed further at the Commission’s meeting of Oct. 29. ATTACHMENTS:
1) Draft Agenda for Housing Forum 2) Sample Housing Goals (Virginia community) 3) Housing Needs Assessment Presentation (Oct. 2014) relevant slides 4) STAR Community Presentation (Oct. 2015) relevant slides 5) Boulder County Housing Stability Fact Sheet (2015) 6) View the Draft Boulder County Housing Action Plan (2014) at:
5X-01: Work with Planning Commission, Town Staff and Board of Trustees to study revisions to the municipal code, specifically the mixed use zoning requirements that may present a barrier to redevelopment or infill in the Downtown Core.
2A-02: Meet regularly with County Housing and Human Services group to identify needs and resources for affordable housing in Nederland (Social Service)
7B-02: Update Town Municipal Code to encourage development and redevelopment of mixed-use and multifamily housing per Comp Plan
7B-03: Explore creative housing concepts to meet the community's affordable housing needs, including small-scale housing (e.g. cabin zoning concepts), accessory dwelling units, multi-generational development, etc. Review the Town zoning code to prepare for changes to allow for such concepts.
7B-04: Update Zoning and development regulations to align with Comp Plan
TOWN OF NEDERLAND PLANNING COMMISSION AND
HOUSING SUB-COMMITTEE OF THE PEAK TO PEAK HOUSING & HUMAN SERVICES TASK FORCE
NEDERLAND COMMUNITY CENTER MULTI-PURPOSE ROOM
750 Hwy 72 Nederland, CO 80466
COMMUNITY FORUM ON THE DEFINITION OF AFFORDABLE HOUSING
December 3, 2015, 6:00 to 8:00 P.M.
A. Defining what “affordable housing” means in Nederland
B. Average income and rents
C. Goals of the community regarding housing
D. Q&A
Rental ObjectiveProduce and preserve a sufficient supply of affordable rental housing to meet current and future needs.
Preserves the economic diversity of households
By 2040, 17.7% of the County’s housing stock will need to be affordable to households with incomes at or below 60% AMI.
22,800 units or 15,800 net new CAFS
Goal 1: Supply
1616
Ownership ObjectiveProduce and preserve a sufficient supply of affordable ownership housing to meet current and future needs.
28.4% of ownership housing stock added should be affordable for households below 120% AMI
2,700 units
Preserves the current economic diversity of households
Goal 1: Supply
17
Objectives
1. Fair Housing
2. Access for lower income households
3. Prevent and End Homelessness
4. Aging in Community
5. Independent Living (Disabilities)
Goal 2: Access
1818
All segments of the community have access to housing.
Objectives
1. Safe and Code Compliant
2. Proximity to Transit
3. Energy and Water Efficiency
4. Long-term Affordability/Feasibility
5. Integration with County Plans
Goal 3: Sustainability
19
Affordable housing efforts create a sustainable community.
Understanding Area Median Income
5
Income Group What type of household is this? How much can they afford to spend on housing? (30% of income)
0-30% AMIUp to $32K Up to $23K
People who are unable to work due to disability or age.Seniors on fixed income.Low-wage workers, including many retail, restaurant and social service workers.
$0 - $820
$0 - $575
30-60% AMI$32K to $66K
$23 to $46K
One person working as an administrative assistant, electrician, or bus driver.Two workers in the retail, restaurant, or social service fields.
$820 - $1,640
$575 - $1,150
60-80% AMI$66K to $87K $46K to $61K
One or two workers in entry-level professional service, non-profit, government or health professional jobs.
$1,640 - $2,185
$1,150 - $1,530
80-100% AMI$87K to $109K
$61K to $77K
One or two workers in entry- or mid-level professional service, non-profit, government, or health professional jobs.
$2,185 - $2,725
$1,530 - $1,915
Numbers are rounded
Demographic Highlights
Education
Tenure Size
PovertyEducational Attainment (2013)
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
No HighSchoolDiploma
High SchoolGraduate
SomeCollege, No
Degree
AssociateDegree
BachelorDegree
GraduateDegree
Education Level
Shar
e
PSA
SSA
Boulder County
Colorado
Population by Poverty Status (2006-2010)
7.1% 9.0% 12.8% 12.2%
91.0% 87.2% 87.8%92.9%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
PSA SSA Boulder County Colorado
Location
Shar
e Income at/above poverty
Income below poverty
Households by Tenure (2013)
57.1%74.2%
59.6% 62.4%
42.9%25.8%
40.4% 37.6%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
PSA SSA Boulder County Colorado
Location
Shar
e Renter-Occupied
Owner-Occupied
Persons per Renter Household (2013)
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
45.0%
50.0%
55.0%
1-Person 2-Person 3-Person 4-Person 5-Person
Household Size
Shar
e
PSA
SSA
Boulder County
Colorado
Various Demographic Comparisons
Economic Highlights
• Retail Trade (19.8%) and Accommodation & Food Service (17.2%) represents largest shares of the PSA labor force.
• From 2008 to 2010, Boulder County employment base declined by 7,984 (4.7%)
• County employment base has grown each of past 4 years
• 2013 employment base surpassed pre-recession levels
Unemployment Rates Total Employment
Demographic HighlightsHousehold Income Trends
PSA has highestshare of high-income ($100K+) HHs, but
lowest share of moderate-income ($40k to $60k+) HHs in 2013
PSA has (2013) & will have (2018) the highest
median HH income compared with other
study areas
Households by Income (2013)
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
<$20K $20K - $40K $40K - $60K $60K - $100K $100K+
Household Income
Shar
e
PSA
SSA
Boulder County
Colorado
Median Household Income (2000-2018)
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
PSA SSA Boulder County Colorado
Location
Med
ian
Inco
me
2000
2010
2013
2018
Housing Supply – Existing ChallengesOvercrowded and Cost-Burdened Housing
Share (0.8%) PSA owner households live in overcrowded* housing
similar to region & county
*More than one person per room
One-third of all PSA renter-households are
cost burdened*
*Pay over 30% of income towards housing costs
(29.0% of owner-households)
Renter-Occupied Housing by Percent of Income Paid Towards Rent (2006-2010)
20.4% 19.5% 21.8%
32.7%
16.6%20.1% 24.0%
15.0%
48.0%
55.9%
34.5%
55.5%
6.2%4.5%
7.5%
17.7%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
PSA SSA Boulder County Colorado
Location
Perc
ent o
f Hou
seho
lds
<20% 20%-30% 30%+ Unknown
Percent of Overcrowded Owner Households (2006-2010)
0.8%
1.1%
0.8%0.7%
0.0%
0.2%
0.4%
0.6%
0.8%
1.0%
1.2%
PSA SSA Boulder County Colorado
Location
Perc
ent
Housing Supply – Rental (Apartments)
Surveyed Rental Housing Inventory By Bedroom Type
Bedrooms Units VacantOccup.
RateRent
RangeAverage
Rent
Studio 12 0 100.0% $510-$610 $538
One-Bedroom 29 1 96.6% $400-$1,395 $783
Two-Bedroom 46 1 97.8% $400-$1,395 $944
Three-Bedroom 11 0 100.0% $610-$1,900 $1,255
Four-Bedroom 1 1 0.0% $2,500 $2,500
Totals 99 3 97.0% - -
Nederland Average Rent by Bedroom Type
$538$783
$944
$1,255
$2,500
$0
$500
$1,000
$1,500
$2,000
$2,500
Studio One-Br. Two-Br. Three-Br. Four-Br.
Bedroom Type
Ave
rage
Ren
t
Nederland Rental Units by Bedroom Type
112
29
11
46
0
5
10
15
20
25
30
35
40
45
50
Studio One-Br. Two-Br. Three-Br. Four-Br.
Bedroom Type
Num
ber
of U
nits
FEW VACANT OPTIONS: PSA has 3 vacancies
MISMATCH:Majority of Supply not
Affordable to Most Renters
Housing Supply – Rental (Apartments)
Rental Housing Inventory By Year Built
Year Built Units VacantOccup.
RateRent
Range
Pre-1970 32 2 93.7% $510-$1,750
1970-1979 30 0 100.0% $400-$1,100
1980-1989 29 0 100.0% $460-$1,900
1990-1999 6 1 83.4% $1,100-$2,500
2000-2009 2 0 100.0% N/A
2010-2014 0 0 - -
Totals 99 3 97.0%Nederland Rental Units by Year Built
Total 85 2.0 2,224 1976 $100,000-$699,000 $350,000 $157.37 76Source: Multiple Listing Services, Boulder County Assessor’s Office, and Bowen National Research
Housing Supply – For-sale (Available)
MISMATCH: Majorityof Supply not
Affordable to Most PSA Residents
Housing Supply – For-sale (Available)
Active For-Sale Housing by Price
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
<$99,999
$100K
-$124
,999
$125K
-$149
,999
$150K
-$174
,999
$175K
-$199
,999
$200K
-$224
,999
$225K
-$249
,999
$250K
-$274
,999
$275K
-$299
,999
$300K
-$324
,999
$325K
-$349
,999
$350K
-$374
,999
$375K
-$399
,999
$400,0
00+
Price Range
Shar
e of
Hom
es
PSA SSA
Virtually no product available for purchase priced under $325,000 in PSA (Nederland) & few affordable options in the entire SSA (Region)
Housing Supply – For-sale (Available)
Housing Gap Estimates – For-Sale
• Methodology considered HH growth, units for balanced market, substandard housing, and demolitions; conducted by income level
• Overall housing demand for up to 49 new units by 2018
• Note: Demand estimates represent potential units by 2018 (would assume all product types, prices and locations developed)
2013-2018 For-Sale Housing Demand by Income Level & Price PointNederland, Colorado Primary Study Area
Household Income Range < $30,000$30,000-$59,999
$60,000-$99,999
$100,000+
Housing Price Affordability<
$100,000$100,000-$200,000
$200,000-$300,000
$300,000+
New Owner-Occupied Household Growth 42 36 37 49
Housing Units Needed for Balanced Market 20 30 24 -3
Total Replacement Housing Needed by 2018 10 6 0 0
Less Product in Development Pipeline 0 0 0 0
Overall Market (SSA) Units of Potential Support 72 72 61 46
Total Units of Potential Support in Nederland 11-14 11-14 9-12 7-9
• Identified 49 available properties that represent potential sites for residential development in the Nederland– 4,900,000 square feet (113 acres) of land and 28,700
square feet of existing structures– Likely buildable space has an estimated capacity to
develop approximately 138 residential units vs. need of 109 residential units
• Limited base of available land and buildings in PSA requires town to be selective in housing products, physical locations and project sizes
Housing Development Opportunities/Capacity
Nederland‘s Residential Development Capacity
Housing Development Opportunities/Locations
Notable FindingsHousing & Transportation:
1. Average cars/household= 2.52. Average annual transportation costs/household= $15,3453. Average Monthly Housing Cost: $1,4124. Median Selected Monthly Owner Costs: $1,8455. Median Gross Monthly Rent: $9846. Average % of income spent on housing and transportation: 487. Average household vehicle miles traveled annually: 27,801
a) 54 percent of Nederland workers commute alone by car8. Average annual household GHG emissions generated through
vehicular transportation: 11.21 tons9. On a scale of 1-10, Nederland scores:
a) 1.6 in “Job Access”b) 3.1 in “Transit Access”c) 2.1 “Compact Neighborhoods”
10. 0 “Location Efficient Neighborhoods”.Places that are compact, close to jobs and services, with a variety of transportation choices, allow people to spend less time, energy, and money on transportation.
Source: http://htaindex.cnt.org/
AlishaR
Text Box
STAR Presentation (Oct. 2015)
Employment & Income
1. According to 2013 Census data, Nederland has a median household income of $62,667 and a mean household income of $88,335
2. Nederland’s per capita income is $39,3453. Female workers (FT/YR) in Nederland have median earnings of $56,667 while their male counterparts have median
earnings of $52,0454. 23.6 percent of Nederland households make more than $100,000/year5. Nederland has 662 households, 342 “family households” (MI>90K) and 320 “non-family households” (MI<40K)6. 19.5 percent of Nederland residents work from home7. Out of 1,151 Nederland residents 16 years of age and older, 78.8 percent are active in the labor force. Only 4.8
percent of those actively engaged in the labor force are unemployed8. In 2013, 5.7 percent of Nederland residents received supplemental Social Security income, and 13.4 percent
earned some form of public assistance income (SNAP) 9. In 2013, 202 Nederland residents (13.6 percent) lived below the poverty level.10. The three most common industries among Nederland workers are:
i. Educational services, healthcare, and social assistance (27 percent)ii. Arts, entertainment, recreation and accommodation and food service (16.5 percent)iii. Professional, scientific, and management, and administrative and waste management services (12.4 percent)
1. Nederland residents enjoy a high quality of life, strong economic health, and easy access to parks, public lands, and outdoor recreation
2. With its proximity to Boulder, Nederland benefits from access to high quality healthcare services as well as access to the arts & cultural venues/events
3. Nederland’s high quality of life comes at the cost of having a greater overall impact on the environment
4. While most of Nederland’s residents benefit from good economic health, some residents continue to struggle financially
5. Nederland will have to continue to prioritize policies and programs that protect the environment and reduce human impacts.
6. Nederland will also need to prioritize policies and programs that support the roughly 1 in 10 residents that continue to live in poverty
AlishaR
Highlight
AGENDA INFORMATION MEMORANDUM
NEDERLAND PLANNING COMMISSION
Meeting Date: October 28, 2015
Prepared By: Alisha Reis
Dept: Planning & Zoning
Information _______ Action ____X____ Discussion _____
The applicant has submitted a complete site plan and has met all application
requirements, including proper notice of the October 28 public hearing before the
Planning Commission to property owners within 300 feet of the Property, plus
an extended boundary of neighbors located along Big Springs Drive. Proper
public noticing has also been made in the newspaper and posted at the Property.
Wright will discuss the plans more in-depth on October 28.
ANALYSIS:
Nederland Municipal Code (NMC) Criteria and Conditions:
(1) Is eligible for a special review under Section 16-32
Pursuant to footnote 9 to the use group table set forth under NMC Section
16-32, “A marijuana cultivation facility is permitted in the residential
zoning areas as a home occupation, under the special review use permit
process.” The Property is zoned MR and the proposed use is therefore
permitted under the special review use permit process.
(2) Is generally compatible with adjacent land uses;
The Property is bordered to the north by Barker Reservoir, with
residences on all other sides. The proposed cultivation activities are not
consistent with the residential uses in the area. It is the applicant’s
burden to demonstrate how such activities may nonetheless be conducted
in a manner that is compatible with those adjacent residential land uses.
(3) Meets all requirements of Section 16-52, is in compliance with this
Chapter and minimizes potential adverse impact of the special review use
on adjacent properties and traffic flow;
All requirements of Section 16-52, concerning materials to be submitted
as part of an SRU application, have been met. Parking in the area has
been accounted for on site and addressed within the attached narrative, as
well as aspects of site security, traffic, waste disposal, ventilation noise
and light leakage reduction, and odor filtration.
Parking Requirements
The Municipal Code directs that parking requirements set via the SRU
process use the parking requirements table (NMC Sec. 16-202) as a guide.
Section 16-202 requires 2 off-street parking spaces per single-family
dwelling unit and an unspecified number of off-street parking spaces for
manufacturing, storage and wholesale uses, with the parking required for
such uses to be determined through the SRU or PUD process, as
applicable. It is therefore the applicant’s burden to demonstrate that the
proposed number of off-street parking spaces set forth in her application
are sufficient to meet the projected parking demands that that the
proposed new use will create.
The attached narrative notes a total of 4-5 parking spaces close to the
home, with no need for additional parking spaces or on-street parking due
to the limited traffic coming into the home. The applicant states that she
will be the business’s sole proprietor, with no visitation of customers to
the house. Pursuant to NMC 16-76(7): “home occupations shall not
generate traffic which significantly affects the residential character of an
area and shall not generate more trips per day (TPD) than the standard
for a single-family dwelling unit (SFDU) – ten (10) trips per day is the
average TPD for a SFDU.” The applicant must demonstrate that the
proposed new use will not generate more than 10 TPD.
Is consistent with the Comprehensive Plan; and
The proposed special use does conform to some of the policies of the
Comprehensive Plan, such as:
Economy
Endeavor to achieve a sustainable, diversified economy by exploring
alternative economic opportunities for the community.
Encourage the establishment of independent businesses of local
character and limited space requirements as opposed to businesses of
national orientation and/or large space requirements.
Encourage business owners to form collaborative partnerships that
may reduce the cost of doing business in Nederland and as well its
impact on the environment.
Generally, encourage cottage industry in town and ensure the
Municipal Code supports this encouragement.
Land Use Encourage a variety of land uses that meet the needs of a diverse
array of residents, including neighborhoods, goods and services, and
business and employment.
(4) The Town has the capacity to serve the proposed use with water, sewer,
and fire and police protection.
The Town does have the capacity to serve the proposed use with water
and police services, however the property is served by a septic system
permitted by Boulder County.
HISTORY AND PREVIOUS BOARD ACTION:
There is no pertinent history or previous board action pertaining to the single
family residence at this location.
QUESTIONS BEFORE THE COMMISSION:
Is the proposed special use generally compatible with surrounding land uses?
Is the proposal consistent with the Comprehensive Plan?
Are there any concerns or possible conditions the Commission would like to
address?
Does the Commission wish to recommend approval of the SRU to the Board
of Trustees?
RECOMMENDATIONS:
Town staff has reviewed the application, determined it meets requirements of
the Municipal Code and the guidelines of the Comprehensive Plan. Based on the
review of the presented plan, and existing Municipal Code allowances, the staff
recommends approval of the SRU application. Please note this is the first
application of its kind to be reviewed for residential cultivation allowance.
ALTERNATIVES:
1. Approval of the Application as presented
2. Approval of the Application with conditions
3. Denial of the Application
ATTACHMENTS:
1. SRU application package with plans and narrative
2. Draft SRU Agreement
Page1f9
SPECIAL REVIEW USE AGREEMENT
WRIGHT’S KIND COLLECTION, LTD.
78 Barker Road (Lot 98 Big Springs Subdivision 2)
THIS AGREEMENT is entered into this ______ day of December 2015, by and between the Town of Nederland, a Colorado municipal corporation (“the Town”) and Wright’s Kind Collection, Ltd. a Colorado limited liability company (“the ApplicantApplicant”).
WHEREAS, the Applicant rents property described as Lot 98 of The Big Springs Subdivision 2 subdivision, also known as 78 Barker Road and further described in Exhibit A, Town of Nederland, County of Boulder, State of Colorado, 80466 (“the Property”); and
WHEREAS, the Applicant has applied for permission to operate a marijuana cultivation as a residential home occupation on the Property as a Special Review Use; and
WHEREAS, the Property is located within the Mountain Residential zoning district; and
WHEREAS, Home Occupations that include the activity proposed by the Applicant are eligible as a special review use in all residential zoning districts, provided the criteria for a special review use are satisfied; and
WHEREAS, the Applicant acknowledges that the Town’s review and approval of plans for the proposed special review use has been done in furtherance of the general public’s health, safety and welfare and that no immunity is waived and no specific relation with, or duty of care to the Applicant or third parties is created or assumed by such review or approval; and
WHEREAS, the Nederland Planning Commission reviewed the proposed special use on October 28, 2015 and recommended [approval/approval subject to certain conditions/denial], and
WHEREAS, following proper notice, the Nederland Board of Trustees has considered the Applicant’s application to operate a residential marijuana cultivation home occupation use upon the Property as a special review use and has concluded that such use is proper under the terms and conditions set forth herein.
NOW THEREFORE, it is agreed as follows: 1. The Nederland Board of Trustees grants to the Applicant the right to operate a
Page2f9
residential marijuana cultivation on the Property in conformance with the Applicant’s complete and approved Application for a Special Review Use, including but not limited to the Site Plan included therewith, said Application attached hereto as Exhibit B and incorporated herein by this reference (the “Application”), subject to the conditions set forth in Section 2, below.
2. The Applicant shall be entitled to continue to use the Property to operate a
residential marijuana cultivation as described herein, so long as the Applicant complies fully and completely with the following conditions:
a. Due to the nature of the manufacturing/industrial use in this residential
location, the Applicant shall provide regular operating hours during which the Police Department may have access to and enter the Property without a warrant for the purposes of investigating complaints or concerns about the special use.
b. There will be no customer traffic to and from the Property for purposes of selling or otherwise transferring marijuana. The Applicant will deliver product directly to marijuana dispensaries and/or Infused product manufacturers. The special use shall not generate more trips per day (TPD) than the standard for a single-family dwelling unit: ten (10) trips per day.
c. An off-street parking space must be provided for the sole employee of the special use.
d. Each off-street parking space shall comply with the Town’s requirements regarding size, marking and nature of parking spaces. Boulders will not be used for parking delineation.
e. Operations may begin upon issuance of license by the Local Licensing
Authority. f. The Applicant shall not expand or allow expansion of the special use of
the Property approved hereby or the area of the Property permitted hereunder, without the advance written consent of the Nederland Board of Trustees. The Town Zoning Administrator shall determine whether an expansion of use or area of use constitutes an “alteration” of the use approved by this Agreement, requiring an additional application and approval process in accordance with Code Section 16-57(a).
g. The Applicant must at all times meet all requirements related to noise,
sound and odor prescribed by the Nederland Municipal Code.
Page3f9
h. The Applicant must conduct and maintain the special use authorized hereby in accordance with all applicable laws, rules and regulations governing such activities, including but not limited to the provisions of Chapter 6 of the NMC concerning cultivation activities, Chapter 7 of the NMC concerning nuisance activities, the Colorado Medical Marijuana Code, Article 43.3 of Title 12, C.R.S., and all state regulations promulgated thereunder.
i. The Applicant shall use downcast lighting on the property, designed to
minimize to the greatest extend reasonably practicable leakage of light beyond the property line. The Applicant shall make every reasonable effort to provide a night sky-friendly site, including use of lights only as needed for site and patron security.
j. The Special Review Use/Home Occupation Agreement is made with the
Applicant for this specific location and is not transferrable to another location. This Agreement may be transferred to another party to conduct the same use at the same location only upon the new party’s written agreement to assume all the rights, duties, obligations and covenants of the Applicant as set forth herein.
3. The Applicant shall comply with and shall ensure that the Property complies in all
material respects with all applicable local, state and federal governmental regulations and requirements, including but not limited to building, zoning, design standards, rights-of-way, sidewalk, nuisance, floodplain, floodway, health regulations, marijuana cultivation regulations or any other rules or regulations. When requested by the Town, reasonable proof of such compliance shall be provided by the Applicant. Notwithstanding the foregoing, the Town and Applicant recognize and acknowledge that marijuana-related activities conducted on the Property pursuant to this Agreement may constitute a violation of federal law. The Town agrees that it shall not assert that such a violation of federal law constitutes a breach of this Agreement nor “cause” to terminate the special use pursuant to Section 6 hereof so long as such activity is and remains lawful under Colorado law. The Applicant agrees that the Town shall not be liable for any injuries, damages or losses of any kind that affect the validity of this Agreement or the special use authorized hereby that result from a federal agency’s enforcement of or attempt to enforce federal law and Applicant fully releases the Town from all such liabilities. Applicant further agrees to hold harmless, indemnify and defend the Town, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death,
Page4f9
property loss or damage or any other loss of any kind whatsoever, which arise out of or are in any manner connected with a federal agency’s enforcement of or attempt to enforce federal law in regards to marijuana-related activity conducted pursuant to this Agreement.
4. Violation. Allegations concerning a violation of one or more of the terms or conditions of this Agreement may give rise to a review of the special review use approved for the Property. Such review shall be conducted pursuant to Code Section 16-61. If, as a result of a hearing held pursuant to said Section, the Board determines that a violation exists, then the Board shall have the following options, in its discretion:
a) Following notice to the Applicant and a reasonable period of time to cure
the violation, terminate the Agreement, in which event the use of the Property under the special use permit shall cease.
b) Following notice to the Applicant and a reasonable period of time to cure
the violation, suspend the Special Review Use Permit until the breach is remedied. No use shall be made of the Property during such suspension.
c) Modify the Agreement on such terms and conditions as the Board deems
appropriate, including but not limited to, restricting the uses that may be made of the Property or the portions of the Property in which such uses may be made or adding additional terms or conditions to the Agreement.
5. Payment of other Town fees, taxes and charges. The Applicant shall stay
current with all taxes, fees, water bills and other charges or obligations owed to the Town. Should the Applicant be delinquent in any such payment for 90 days or more, unless the amount due and payable is disputed by the Applicant in good faith, such delinquency shall constitute a violation of this Agreement, subject to the terms of Section 4 above.
6. Termination. This Agreement and the corresponding Special Use Certificate
shall terminate upon the earliest of the following events:
a. Transfer of all or any portion of the Property or business by Applicant to a new Applicant who fails to agree to be bound by all provisions of this Agreement, as evidenced by a written instrument, as required by Nederland Municipal Code § 16-57(b).
b. Failure of the Applicant to comply with any term of this Agreement as determined through the process set forth in Section 4, above.
c. Operation of any business on the Property other than as specifically
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permitted in this Agreement unless reasonably ancillary thereto.
d. Termination of the operation of the permitted use for a period of 12 consecutive months or longer.
e. Voluntarily relinquishment of rights under this Agreement by the Applicant
submitted to the Town in writing. 7. Effect of termination. Upon the termination of this Agreement, the right to use the
Property for the use approved hereby shall immediately terminate and the Property may then be used and developed only pursuant to the Town of Nederland Municipal Code. In the event of termination, the Town shall record notice of such termination in the records of the Boulder County Clerk and Recorder’s Office.
8. Modification and Waiver. No modification of the terms of this Agreement shall be
valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of any provision of this Agreement shall be construed as a waiver of any subsequent breach of the same or any other provision hereof. It is expressly agreed that, except as may otherwise be provided by applicable statute or ordinance, no official of the Town has the authority to waive or modify any provision of this Agreement without the approval of the Board of Trustees.
9. Title and Authority. The Applicant warrants to the Town that it is the record
Applicant of the Property. The undersigned further warrants to have full power and authority to enter into this Agreement.
10. Severability/Governing Law. This Agreement is to be governed and construed
according to the laws of the State of Colorado. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be in violation of any local, state or federal law, and thereby rendered unenforceable, the remaining provisions shall remain in full force and effect as if the unenforceable provision had never been included in this Agreement.
11. Recordation. This Agreement shall be recorded with the Boulder County Clerk
and Recorder, with the Applicant to reimburse the Town for such costs of recording.
12. Issuance of Special Review Use Certificate. Upon execution of this Agreement
and compliance with all other conditions precedent as stated in this Agreement, the Town shall issue a Special Review Use Certificate to the Applicant. The Applicant shall take no action in reliance on this Agreement and shall have no
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rights under the Special Review Use process until such time as the Special Review Use Certificate is issued.
13. Other permits, licenses and approvals. Approval of this Agreement and issuance of a Special Review Use Certificate in accordance with Section 12 above does not eliminate the need of the Applicant to obtain any other license, permit, certificate or any other form of approval necessary to conduct the proposed special use activities on the Property.
ATTEST: TOWN OF NEDERLAND, COLORADO
a municipal corporation ________________________________By: ___________________________________ LauraJane Baur, Town Clerk Joe Gierlach, Mayor APPROVED AS TO FORM: ____________________________________ Carmen Beery, Town Attorney
APPLICANT:
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By:___________________________________
By:___________________________________
STATE OF ___________ ) ) ss. COUNTY OF ) Acknowledged before me this _____ day of ____________, 2015, by _____________________________________ _____________________________________as _____________________________________of Wright’s Kind Collection, Ltd. Notary My Commission Expires: _______________. [S E A L]
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EXHIBIT A
[LEGAL DESCRIPTION]
Lot 98 Big Springs Subdivision 2 located in the S ½ of the Section 13,