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Extraterritorial Land Use League June 2011ppt
 

Extraterritorial Land Use League June 2011ppt

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Presentation I made at the 2011 Wisconsin League of Municipalities regarding cooperation with towns to reach uniform land use policies.

Presentation I made at the 2011 Wisconsin League of Municipalities regarding cooperation with towns to reach uniform land use policies.

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    Extraterritorial Land Use League June 2011ppt Extraterritorial Land Use League June 2011ppt Presentation Transcript

    • LAND USE AND DEVELOPMENT: STRATEGIES TO RESOLVE CONFLICT AND AVOID LITIGATION League of Municipalities June 23, 2011
    • COOPERATIVE LAND USE AGREEMENT City of Eau Claire ∞ Towns of Brunswick, Pleasant Valley, Seymour, Union, Washington, and Wheaton
    • Negotiation Timeline
      • 2005 City adopted Comp Plan w/ 4 per 40 std - allowed exceptions if the City had a cooperative agreement w/ town
      • ‘ 06-’07 Discussions with towns regarding planning agreement
      • May ‘08 Towns in ETJ file lawsuit
      • Sept. ‘08 Court ordered mediation
      • Mar. ‘09 Mediation and tentative agreement reached
      • May ‘09 City amends Comp Plan per agreement
      • July ‘09 Towns dismiss lawsuit with prejudice
      • July ’09 Parties formally execute mediation agreement
      • Aug-Sept Parties exchange offers on long-term agreement
      • Sept 2009 Council President Kincaid responds to Towns
      • 2010 Parties reach conceptual agreement on SSA and beyond distinction, execute Agreement, begin to amend comp plans
    • Whereas the parties recognize that the City of Eau Claire has a legitimate and primary interest in controlling growth patterns within its urban fringe to ensure compact and well-designed urban edge growth, the economic extension of City utilities and roads, and the availability of developable land for the commercial and industrial users who create jobs and sustain economic growth for our entire community Whereas the City recognized that all of the above named Towns have a legitimate and primary interest in controlling public improvement requirements in subdivisions in their respective territories through lawful subdivision codes… in territory beyond the urban fringe
    • 7. Negotiation . The parties will… seek to negotiate a long term agreement regarding extraterritorial land use planning using as their starting point the proposed agreement … attached hereto 7. a. The City and Towns will each appoint a single representative which is an AICP member to assist them and to negotiate directly with the other party on planning details… 8. Mediation . The parties agree to submit to mediation upon either party’s request or either party seeking to terminate this Agreement. The parties shall mediate in good faith…
      • Letter from City Council President
      • “ Electeds” need to hear from fellow “electeds”
      • Emphasized commonality of City and Towns in an Eau Claire community that our citizens largely view as one entity
      • Encouraged continued negotiations based on shared principles stated in our mediation agreement
      • Declined to allow Council to become directly involved, supporting the agreed negotiation approach of using appointed professionals to work out the technical specifics while assuring Towns that policy was from City Council.
      • Future Land Use Map
      • Establishes uniform land use map in Eau Claire metro
      • Confirms planned urbanization within Sewer Service Area (SSA) while allowing interim subdivisions under exceptions contained in City’s comprehensive plan
      • Utilizes Town planning within ETJ but beyond SSA with certain changes to meet City concerns, such as reduction in Rural Transition and Rural Commercial zoning
      • Creates predictability for landowners, public, and local government units
      • Initiates much needed dialogue between leaders of local government units
      • Joint Site Plan Review
      • Novel approach to community concern of sprawl along highway entrance corridors to the City
      • Does not prevent growth along these visible entry ways but does encourage a quality, consistent character for any such development
      • Since no extraterritorial authority for the City to conduct such reviews, the Agreement calls for Eau Claire and Chippewa County to adopt authorizing site plan review ordinances
    •  
    •  
    • What’s Next?
      • Comprehensive Plan amendments by Towns
      • Commercial / Industrial subarea planning with Towns of Union and Wheaton
      • County – Conservation Subdivision Ordinance
      • County – Site Plan Review Ordinance
      • Boundary Agreements
      • Eau Claire area “electeds” periodic meetings
    • Questions?
      • Thank you!
      Prepared and presented by Stephen C. Nick, City of Eau Claire