Parcel-Specific Provisions Clause Samples
Parcel-Specific Provisions. 1.2.2.1 Areas 1 & 3. Areas 1 and 3 are composed primarily of developed parcels in County-approved subdivisions. They contain single-family development in forested areas with some steep slopes. The areas are very susceptible to wildfire and have limited access. Therefore, the areas are not suitable for increased levels of development or density. The Town has indicated it has capacity in its water and sewer systems to serve some of the existing development if properties in Areas 1 and 3 were annexed. Service provision would benefit water quality. Therefore, the County and Town agree that the areas are eligible for the Town to annex provided that, at annexation, a conservation easement, a deed restriction, or other similar mechanism is provided in a form acceptable to the Town and County that allows no more density than currently permitted under the County Land Use Code for the areas, with the following exception:
(a) Nederland may allow for accessory dwellings on existing parcels that are not yet subject to a conservation easement. For parcels already subject to a conservation easement, accessory dwellings may require a separate review and approval process by the County that may require payment to the County for a loss in a value to the conservation easement, if approval is granted.
1.2.2.2 Area 2. Properties in this area are subject to Boulder County deed restrictions that only allow annex for utility-related purposes. Increases in density are not allowed.
1.2.2.3 Area 4(a) (the “▇▇▇▇▇ Parcel”). The ▇▇▇▇▇ Parcel contains a number of development constraints that must be addressed at the time of annexation. Previous development proposals for the site have recognized the need for affordable housing in the Town. Because the provision of affordable housing is a key benefit to the region, including this parcel in any annexation is contingent upon the following limits, which restrictions shall be implemented at the time of annexation through a mechanism acceptable to both the Town and County: (a) Residential development on the parcel may not exceed 50 units; (b) No development will occur on the steeper-sloping areas, as shown on the Map; (c) Prior to any development on the parcel, the following plans for the site must be established with input and approval from the County: wildfire mitigation, safe routes to school, access location and improvements, and a plan for how impacts to elk migration will be minimized. In addition, prior to annexation, the property owner ...
Parcel-Specific Provisions. The language within this Section 1.2.4 reflects the Parties’ understanding that it is appropriate to consider annexation of developed parcels adjacent to the current municipal boundary. The Town’s water and sewer infrastructure has the capacity to accommodate additional service area, and connection to the Town’s services would benefit water quality. Recognizing the Town’s long-held interest in maintaining its unique character, and that additional development would have impacts on wildlife, transportation, and the environment, this IGA allows for very limited expansion and additional intensity of use of areas eligible for annexation, identified as Primary Planning Area in Exhibit B. The Parties’ intent is to generally restrict additional residential density beyond that which is currently allowed under county jurisdiction, with the exception of Area 3(a).
Parcel-Specific Provisions. The language within this Section 1.2.4 reflects the Parties’ understanding that it is appropriate to consider annexation of developed parcels adjacent to the current municipal boundary. The Town’s water and sewer infrastructure may have the capacity to accommodate additional service area, and connection to the Town’s services would benefit water quality. However, the Town’s capacity to provide infrastructural support to annexations is limited. As a result of the limited capacity, development within the PPAs is not guaranteed and is dependent on the capacity of the systems at the time of application/annexation/development. Developments will adhere to Town annexation policies and pay their own way when seeking to interconnect with the Town’s water, sewer, road , and other services. Recognizing the Town’s long-held interest in maintaining its unique character, and that additional development would have impacts on wildlife, transportation, and the environment, this IGA allows for very limited expansion and additional intensity of use of areas eligible for annexation, identified as Primary Planning Area in Exhibit B. The Parties’ intent is to generally restrict additional residential density beyond that which is currently allowed under county jurisdiction, with the exception of Area 3(a). Proposed development on any of the parcels included in the PPA must be compatible with the recommendations resulting from the wildlife study referenced in 1.2.2.
Parcel-Specific Provisions. The language within this Section 1.2.4 reflects the Parties’ understanding that it is appropriate to consider annexation of developed parcels adjacent to the current municipal boundary. The Town’s water and sewer infrastructure has the capacity to accommodate additional service area, and connection to the Town’s services would benefit water quality. The Town has a limited capacity for providing infrastructural support to annexations and it is critical that developments pay their own way regarding water, sewer, road improvements, and other services. Recognizing the Town’s long-held interest in maintaining its unique character, and that additional development would have impacts on wildlife, transportation, and the environment, this IGA allows for very limited expansion and additional intensity of use of areas eligible for annexation, identified as Primary Planning Area in Exhibit B. The Parties’ intent is to generally restrict additional residential density beyond that which is currently allowed under county jurisdiction, with the exception of Area 3(a).