#1 Recommendations to County Board on PACE Program (File Res. #2010-719)Community Development Department Memorandum
Date: July 26, 2010
TO: Janesville City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Action on a proposed resolution requesting that the County Board exclude
the City’s “Urban Reserve” area on the map of eligible parcels for property
right purchases, except for portions of Target Area # 7 and # 8, and
provide a means for municipal review and comment authority on
easement purchases within said Target Areas and Janesville’s
Extraterritorial Jurisdictions (ETJ) in the Purchase of Agricultural
Conservation Easement (PACE) Program (File Resolution 2010-719).
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EXCUTIVE SUMMARY
Rock County is developing a Purchase of Agricultural Conservation Easement (PACE)
program. This is a voluntary program where land owners can sell their development
rights, thereby prohibiting all future nonagricultural related uses on property where
easements are purchased. While the Community Development supports the
preservation of farmland, we also believe that adequate land should be reserved for
future city growth. We recommend that in the development of the PACE program that
the city’s “Urban Reserve” area which identifies lands deemed likely to accommodate
future City development beyond the planning period (2030) be excluded from the
purchase of development rights, with one exception. The PACE Program identifies two
Target Areas partially located in the Urban Reserve. We recommend that the City of
Janesville maintain municipal review and comment authority for purchases in those
areas and also recommend that municipalities be able to review and comment on
property right purchases of lands within the city’s Exterritorial Jurisdiction (ETJ) since
the city has interest in development and subdivision activity within this area.
DEPARTMENT RECOMMENDATION
City Staff believes that the potential purchase of development rights could have
unknown impacts on future city growth and economic development activity, especially
along vital transportation corridors, such as I-90/39. Based on those concerns, the City
Council should give strong consideration to the long term economic impact of this
proposal and provide policy direction regarding this matter. Staff has prepared the
attached Resolution which recommends that the County Board exclude the City’s
“Urban Reserve” area on the map of eligible parcels for property right purchases, except
for portions of Target Area # 7 and # 8, and provide a means for municipal review and
comment authority on easement purchases within said Target Areas and Janesville’s
Extraterritorial Jurisdictions (ETJ) in the Purchase of Agricultural Conservation
Easement (PACE) Program.
CITY MANAGER’S RECOMMENDATION
The City Manager supports the values behind the PACE program, but believes that
farmland preservation needs to be balanced with proper urban growth. The map shows
that some of the preferred purchase areas are in the fringe areas of the urban reserve,
but that there are areas within our growth boundaries that would also potentially be
eligible for purchase. I recommend that the City Council request the following
considerations from the County Board:
1. That the City has review and comment authority on purchases within the 3 mile
extraterritorial jurisdiction beyond the city’s urban reserve growth boundaries and
in the priority target areas within the urban reserve growth boundaries as shown
on Map 3.
2. That eligible areas that are not in the priority target areas be removed from
eligibility if they are located within the City’s urban reserve growth boundaries.
Finally, the City Manager is looking for guidance from the Council in the City’s
participation in the development of the County program, but request Council to allow for
staff discretion in working on developing the program with the other stakeholders as
long as we remain within the general Council direction.
SUGGESTED MOTION
Option 1:
I move to approve File Resolution 2010-719 which recommends that the Rock County
Board, in their adoption of the PACE Program, exclude the city’s “Urban Reserve” from
the map of eligible parcels except for areas in the priority target areas and provide a
means for municipal review and comment on easement purchases within targeted areas
of the Urban Reserve and also within the city’s exterritorial jurisdiction.
Option 2:
I move to provide the following parameters _________________________to the
City Manager or staff designee the continuing discussion on the PACE
committee.
BACKGROUND
The Wisconsin Working Lands Initiative was passed as a part of the State’s 2009-2011
biennial budget process. One component of that legislative action provided for the
development of a Purchase of Agricultural Conservation Easement matching grant
program (PACE). The program is intended to:
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Protect farmland through voluntary programs to purchase agricultural
conservation easements
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Provide up to $12 million in state grant funds in the form of matching grants to
local governments and non-profit conservation organizations to purchase
agricultural conservation easements from willing sellers
?
Stretch state dollars by requiring grants to be matched by other funds such as
federal grants, local contributions and/or private donations
?
Establish a council to advise the state on pending grants and proposed
easement purchases
?
Consider the value of the proposed easement for preservation of agricultural
productivity, conservation of agricultural resources, ability to protect or enhance
waters of the state, and proximity to other protected land
?
Ensure consistency of state-funded easement purchases with local plans and
ordinances.
The goal of the Working Lands Initiative is to achieve preservation of areas significant
for current and future agricultural uses.
In the 2009 Rock County budget approximately $750,000 was set aside for
development of a Countywide Master Plan and Ordinance for the implementation of a
Rock County Purchase of Development Rights (PDR)/PACE program. Development of
the program would allow the County to be eligible for state and federal grant funds. The
program is designed so that agricultural land owners in Rock County would qualify to
sell their development rights based upon the recording of a Conservation Easement and
forever preserve their land for agriculture purposes. Following development of the
Master Plan and Ordinance, adoption by the County Board is necessary in order to
initiate potential land right purchases.
An Ad Hoc committee with representatives from the County, Towns and Cities in Rock
County is currently developing a county-wide master plan and ordinance for the
PDR/PACE Program. The committee has developed criteria to identify which lands
would be appropriate for purchase. Areas delineated as future growth areas on City
and Town Comprehensive Plans have been excluded from the program. A purchase of
development rights would be in perpetuity and therefore prohibit any future
nonagricultural development on property where easements as purchased. The
easement remains intact when the land is sold, binding all future landowners to its
terms.
Upon adoption of the PACE Program, the County will be soliciting applications for land
right purchases. These applications will then be reviewed by a County committee and
evaluated against criteria approved in the plan. At this time, the Ad Hoc Committee
has discussed including city representatives from Rock County on the initial application
review panel and also allowing communities to comment on easement purchases within
their respective ETJs.
DISCUSSION
A primary concern raised by the Community Development Director and officials from
other municipalities in Rock County involves the long-term impact of such a program on
future City growth. The City’s Comprehensive Plan designates areas on a Future Land
Use Map to accommodate projected City growth for 25-30 years. Lands just outside of
Janesville’s planned development areas are eligible for purchase under the County’s
proposal. The City of Janesville Comprehensive Plan includes an area known as the
“Urban Reserve” which is not excluded from purchase of development rights on the
PACE Program map of eligible parcels. This is an area mapped just beyond the City’s
current development plan where future development pressures are expected within the
next 30 to 50 years.
Attached is a map entitled “PACE Eligible Parcels” (Map 1) which identifies the land
areas currently being considered as eligible for easement right purchase under the
PACE program. On Map 1, City Staff has placed the City’s Urban Reserve Area and
the City’s Extraterritorial Jurisdiction boundaries which are discussed in this memo.
Map 2 further divides these eligible parcels into Tier 1, 2 and 3 farmland categories. Tier
1 scores the highest rating and indicates a first priority for land purchases. County staff
has grouped Tier 1 and some of Tier 2 lands into target easement acquisition areas
which are shown on Map 3. This map shows that areas 7 and 8 of the priority areas
overlap into the urban reserve growth boundary on Janesville’s southeast side. While
most of the land area within the city’s urban reserve growth boundary is not within the
priority purchase areas, over time as easements are purchased on adjoining lands the
boundaries of target areas can change. Staff believes that it is important that eligible
lands that are not target priorities be removed from easement right purchase if they are
located within the City’s urban reserve growth area (those areas identified as white with
red diagonal designation on Map 3 within the urban reserve growth boundary). Staff
further believes that the lands identified as target areas within the city’s urban reserve
should only be purchased following review and consent by the City Council.
Since 1950 the city has grown in land area from approximately 8 square miles to
approximately 34 square miles and its population has increased from 25,000 to 63,500.
Over that period of time the number of dwelling units increased from approximately
8,000 to 24,000. To accommodate this growth the city limits have expanded two and
half miles east of Randall Avenue to Highway 14, roughly one mile south and west and
nearly three miles northeast towards Milton (see attached Development Chronology
Map 4). Undeniably, the city of Janesville is surrounded by some of the world’s best
and most fertile farmland. However, in order for the city to expand, conversion of some
farmland to urban land uses is necessary. The city’s Comprehensive Plan projects that
over the next 25 to 30 years the city may need to expand to accommodate an estimated
population of approximately 82,000 people (see attached Comprehensive Plan Land
Use Plan Map 5). The Future Land Use Plan identifies potential expansion on the city’s
northeast side ranging from a half mile to one mile east. While these growth
projections may be slowed considering the recent economic downturn, Janesville is
situated within a regional growth corridor and will continue to receive the largest share
of Rock County’s growth.
As previously stated, the “Urban Reserve” contains land areas that are just beyond the
planning period (2030), and generally comprise a one mile ring around the city (See
attached PACE Eligible Parcels with Urban Reserve and ETJ Map 3). This Urban
Reserve represents what is likely to be the next phase of urban growth beyond the area
designated within the Plan. Premature rural development and utility extensions should
not be promoted in those areas. It is the intent of the Plan to have lands in the Urban
Reserve remain in agricultural use until future urban development opportunities emerge.
Including these lands as eligible for property rights purchase for permanent agricultural
use is inconsistent with the intent of the Urban Reserve area.
Considering Janesville’s historical growth rate and land use projections documented in
the Comprehensive Plan, it is imperative to preserve sufficient land area to
accommodate future city growth. The Community Development Department believes
that preservation of farmland is important to the overall health of Rock County and the
health of the municipalities within it. Accordingly, future economic development
opportunities and population growth in Rock County will require some conversion of
farmland to allow for this expansion. The Comprehensive Plan recognizes that the
city’s long term economic development strategy may be in part dependent upon an
agricultural based economy; one which aims to balance agricultural preservation with
providing economic growth opportunities. When lands that are eligible for this program
also include opportunities for economic development, staff believes that development
rights should not be purchased. Especially considering these easement purchases are
permanent and prohibit any future development that renders the land unsuitable for
agricultural use.
A prime example of lands that have significant economic development potential are
those lands located along I-90/39 generally south of the STH 11 interchange to the city
of Beloit. Despite not yet designated for specific development purposes in either city’s
respective Comprehensive Plans, such lands are prime for job creating land uses
because of their visibility and proximity to the interstate, access to utilities and railroads
and flat topography.
Staff is also concerned that purchasing land rights may artificially increase the cost of
future development since certain lands will be off limits for development, result in leap
frog development or require more expensive public infrastructure improvements to
bypass those parcels, i.e. lift stations to work around these properties. In addition, land
available for development purposes may artificially increase in price because of limited
supply. Each of these factors will drive up the cost of development and reduce
Janesville’s competitive advantage with other communities.
Currently, State Statues allow cities of Janesville’s size to review and comment on land
divisions (subdivision plats, surveys) within 3 miles from the existing city limits,
otherwise known as Extraterritorial Jurisdiction (ETJ). The Statue recognizes that cities
have inherent interest in lands beyond their borders and the recognition that future city
expansion may occur in these areas. During land division review within the ETJ, if the
city finds that the land division is inconsistent with future city plans it has the ability to
deny the land division. Staff believes that since the PACE program will include the
purchase of development rights within the ETJ that the city should have some review
and comment authority on these property right purchases. It appears that the Ad Hoc
Committee is supportive of allowing such review and comment authority. This
information sharing is important for the County review agency and the property owner to
have in order to make an informed decision.
Staff supports the County’s effort to preserve prime farmland. The city’s
Comprehensive Plan recognizes its importance to the long term economic health of the
city and the county. However, because future development rights will be permanently
removed from these lands, even for agri-business development purposes, a careful
analysis of the long term impacts of this program is necessary. Staff believes that
lands within the city’s “Urban Reserve” should not be considered eligible for this
program except those identified as Tier 1 (target easement acquisition areas shown on
Map 3). In addition, staff believes that municipal review and comment authority be
given to communities for easement purchases within their respective ETJs and within
the target easement areas of the urban reserve.
Resolution No. 2010-719
A resolution requesting that the Rock County Board remove the City’s “Urban Reserve”
area from the map of eligible parcels for property right purchases, excluding portions of
Target Easement Acquisition Areas known as #7 and #8, and provide a means for
municipal review and comment authority on easement purchases within said Target
Areas and other lands located in Janesville’s Extraterritorial Jurisdiction (ETJ) in the
Purchase of Agricultural Conservation Easement (PACE) Program.
WHEREAS, the Working Lands Initiative that was passed as part of the State’s 2009-
2011 biennial budget process included the development of a PACE matching grant
program; and
WHEREAS, one of the purposes of the program is to protect farmland through the
voluntary purchase of agricultural conservation easements; and
WHEREAS, the Rock County Board in 2009 budgeted monies to develop a county-wide
master plan and ordinance for the implementation of a Rock County Purchase of
Development Rights (PDR/PACE Program); and
WHEREAS, an Ad Hoc Committee was created in order to develop such master plan
and ordinance identifying which lands should be eligible for purchase of development
rights through this voluntary program; and
WHEREAS, the Ad Hoc Committee has designated Tier 1 Target Easement Acquisition
Areas which identify the best farmland and where priority should be given for easement
right purchases as shown on the attached map; and
WHEREAS, the Ad Hoc Committee in their development of the plan has excluded
certain lands from easement purchase which are identified on the city and town
comprehensive plans as planned development areas; and
WHEREAS, the Ad Hoc Committee in its current proposal has not excluded lands
which are identified as “Urban Reserve” on the City of Janesville’s Comprehensive Plan
adopted by the City Council on March 9, 2009; and
WHEREAS, such Urban Reserve area identifies lands that represent the area that may
be identified for future City development beyond the planning period (2010-2030) and
generally comprises a one-mile ring encompassing areas of “Future Land Use” for the
City; and
WHEREAS, because lands identified as Urban Reserve at some future date may
receive development proposals, the City believes that they should be excluded from the
PACE Program except for those lands designated in the Tier 1 Target Easement
Acquisition Areas located in the Urban Reserve area as shown on the attached map;
and
WHEREAS, the City believes that purchase of development rights within said Tier 1
Target Areas located in the Urban Reserve area and on lands in the City of Janesville’s
Extraterritorial Jurisdiction (ETJ) should be forwarded to the City for review and
comment prior to execution of land right purchases since purchase of certain properties
within the City’s ETJ area could prohibit future utility and road corridor extensions
necessary for cost effective city growth; and
WHEREAS, the Common Council find the development and adoption of the PACE
Program to preserve farmland in Rock County to be consistent with the City of
Janesville’s Comprehensive Plan which identifies the importance of the ag-based
economy to the city’s economic development strategy; and
WHEREAS, the Common Council of the City of Janesville also believe that adequate
land area to accommodate future growth and development around the City of Janesville
is of equal importance to preserve the long-term economic vitality of the City.
NOW, THEREFORE BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY
OF JANESVILLE, that the City of Janesville recommends that areas identified as Urban
Reserve on the City’s Comprehensive Plan adopted March 9, 2009 be excluded from
property right purchases in the PACE Program except for those located within Tier 1
Target Areas identified as Area # 7 and # 8 on the attached map; and
BE IT FURTHER RESOLVED BY THE COMMON COUNCIL that the County Board in
their review and adoption of the ordinance and master plan for the PACE Program
should provide provisions for City of Janesville review and comment of property right
purchases of properties within those Tier 1 Target Areas of the city’s Urban Reserve
area and in those areas within the City’s Extraterritorial Jurisdiction in order to ensure
that easement purchases will not disrupt future development plans within the Janesville
planning area.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
City Attorney, Wald Klimczyk
Proposed by: Community Development Department
Prepared by: Community Development Department