Regulatory Alert - IGA, Nederland
Following is a memo about the Intergovernmental Agreement between Boulder County and the Town of Nederland. It was prepared by Attorney Steve Larson of Johnson Repucci & Berg LLP, 1401 Walnut Street, Suite 500, Boulder, CO 80302, (303) 442-1900.
MEMORANDUM
TO: AFFECTED PROPERTY OWNERS
FROM: THE LAND USE COALITION
DATE: MAY 29, 2001
RE: PROPOSED INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF BOULDER AND THE TOWN OF NEDERLAND
1. This memo is to advise you of a proposed intergovernmental agreement ("IGA") between the County of Boulder (the "County") and the Town of Nederland (the "Town") that could seriously impact property rights in unincorporated Boulder County. A copy of the IGA, along with a map showing the affected property, is attached.
2. The Boulder County Commissioners will take up this matter at a Public Hearing on June 5, 2001, at 9:00 a.m., in the Commissioners’ Hearing Room, Third Floor, County Courthouse, Boulder, Colorado.
3. The IGA provides:
The County and the Town shall develop a Comprehensive Development Plan that includes the property in unincorporated Boulder County that is depicted on the attached map (the "Plan").
The Plan will distinguish between a Rural Preservation Area and the boundaries of the Town. The Town retains exclusive land use authority with respect to property now within the Town boundaries and land subsequently annexed.
Except for annexations at the discretion of the Town to meet its utility needs, land within the Rural Preservation Area may not be annexed to the Town, absent approval from Boulder County, the Town, and the Town’s qualified electors.
Any proposed use or development within the Rural Preservation Area shall either (1) conform to the Plan/Agreement or (2) the Plan must be amended to allow such use/development. "Development" is defined very broadly (any construction of structures, parking areas, roadways and any new land uses). Issuance of building permits within the Rural Preservation Area is subject to the substantive requirements of the Plan.
No density increases beyond those permissible under the Boulder County Land Use Code (the "Code") shall be approved for the Rural Preservation Area, absent an amendment to the Plan.
Absent an amendment to the Plan, parcels within the Rural Preservation Area may be TDR (transferable development rights) "sending parcels" within the meaning of the Code, but such parcels may not be TDR "receiving parcels." However, parcels within the Rural Preservation Area may not be TDR sending sites as to receiving sites that are located within the Town limits, absent Town approval or an amendment to the Plan.
Current legal uses and current legal non-conforming uses within the Rural Preservation Area "may" be permitted to continue.
Both the Town and the County need to approve any amendments to the Plan. This in effect gives the Town veto power over all new land uses and over all development within the Rural Preservation Area that does not conform to the requirements of the Plan.
Owners of property within the Rural Preservation Area are without representation with respect to the very authority (Nederland Board of Trustees) that exercises veto power over their land uses under the IGA. That is, such owners cannot presently vote for the Town trustees, nor can they likely annex their property and acquire such a voice.
For more information regarding the foregoing please contact Steve Larson, Johnson Repucci & Berg LLP, 1401 Walnut Street, Suite 500, Boulder, CO 80302, (303) 442-1900.
To contact the Land Use Coalition please visit the Contact Us page, or send email to info@landusecoalition.org. To learn more about our organization please visit the About Us page.
Please check back often for expanding coverage of legislation effecting Boulder County and other Colorado property owners, as well as new resources to assist the community in dealing with property rights issues.
For more information contact the Land Use Coalition at info@landusecoalition.org or call 303-666-7903.
Last updated June 04, 2001.
URL: http://landusecoalition.org/index2.htm
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