LAND USE AND DEVELOPMENT: STRATEGIES TO RESOLVE CONFLICT AND AVOID LITIGATION

League of MunicipalitiesJune 23, 2011

COOPERATIVE LAND USE AGREEMENT

City of Eau Claire

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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