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#4 Update on Rock County Purchase of Agricultural Conservation Easements Program Community Development Department Memorandum Date: November 8, 2010 TO: Janesville City Council FROM: Duane Cherek, Planning Services Manager SUBJECT: Update on proposed Rock County Purchase of Agricultural Conservation Easements (PACE) Program _____________________________________________________________________ The intent of this report is to provide the City Council with an update on the status of the Rock County PACE Program following Council’s August 9 adoption of Resolution No. 2010-719. The resolution requested that the PACE Ad Hoc Committee, in their preparation of the Program, remove the City’s “Urban Reserve” from the map of parcels eligible for property right purchases. This included an exception to portions of Tier 1 Target Easement Acquisition Areas (#7 and #8) which are partially located within the “Urban Reserve” (see attached Map 1). In addition, the Council further requested the PACE Ad Hoc Committee include provisions for City review and comment on development right purchases for those properties located in Tier 1 Target Areas of the City’s “Urban Reserve” (#7 and #8) and in those areas of the City’s Extraterritorial Jurisdiction (ETJ). The intent of that provision was to ensure that easement purchases would not disrupt future development plans within the Janesville planning area. Resolution No. 2010-719 is attached for your review. The PACE Ad Hoc Committee has met three times since the August 9 Council Meeting. During that time, staff from the Rock County Planning and Land Conservation Department have responded to the Council’s concerns by proposing the creation of additional eligibility criteria for the PACE Program. The first criteria would make the following parcels ineligible for purchase of easements: any land located within .75 miles of a boundary of a large city (city with a population of over $20,000) or .5 miles of a small city (city with a population of under $20,000). The proposed .75 mile boundary is measured from the existing city limits of each municipality. It is delineated as the “purple” colored boundary surrounding the City of Janesville shown on Map 1. All lands located outside or beyond the purple boundary would remain eligible for purchase of development rights on the PACE map. The second eligibility criteria proposed by County staff would make any land adjacent to an existing freeway interchange ineligible for the program. The additional criteria was approved by the County’s Land Conservation Committee and forwarded to the Ad Hoc Committee for further consideration. The proposed addition of new eligibility criteria was presented to the Ad Hoc Committee at their meeting of September 22. Following much discussion, a motion to approve the .75 mile and .5 mile boundaries applicable to existing City limits was passed on a 9-7 vote. Included in the motion was a provision to allow parcels inside the “purple” boundaries to become PACE eligible parcels if a letter of support was granted by the adjoining municipality. A separate motion on the other criteria that would render land adjacent to the freeway ramp (Avalon Road interchange) as being ineligible for the program failed on a tie 8-8 vote of the Ad Hoc Committee. In response to the city’s request that municipal review and comment be provided on potential acquisitions within the “Urban Reserve” area and ETJ, the PACE Program Application Review Form has been modified to ensure that the City would have an opportunity to comment on all proposed easement acquisitions that are eligible. City Staff continues to believe that the potential purchase of development rights could have unknown impacts on future City growth and economic development activity in areas beyond the .75 mile “purple” boundary and within the “Urban Reserve”. This is especially the case along vital transportation corridors such as I-90/39 and the Avalon Road interchange area. The next Ad Hoc Committee meeting is scheduled for November 10 at which time the Committee is looking to forward a recommendation on to the Land Conservation Committee. The Land Conservation Committee is expecting to hold a public informational meeting sometime in December to be followed up with a public hearing before the Rock County Board regarding adoption of an ordinance to establish the program early next year. In summary, the Ad Hoc Committee has established a .75 mile boundary from the existing City limits in which tax parcels located inside this “purple line” would become ineligible for the PACE Program (see attached Map 2). However, ineligible parcels located inside the purple line could become eligible for PACE if a letter of support is provided by the City. All lands located outside the purple line but within the City’s “Urban Reserve” and 3-mile ETJ boundary would be considered eligible for the PACE Program. The City’s ability to review and comment on potential acquisitions within the “Urban Reserve” and ETJ is maintained as part of the PACE application process. The opportunity to comment does not provide the City with veto authority; rather the ability to review a proposed application and provide comments on it. At this time, parcels located adjacent to the existing Avalon Road interchange and Interstate 39/90 corridor remain eligible for purchase of development rights. Staff intends to provide a brief presentation for the Council to further define and illustrate eligibility of parcels under the proposed PACE Program, as currently recommended by the Land Conservation Committee and the PACE Ad Hoc Committee. City Manager Recommendation The City Manager with the assistance of the Planning Services Manager has attempted to work out a compromise that addresses major concerns on both sides of the issue. The compromise set for discussion at the PACE Meeting would include:  Making the 320 acres adjacent to the Avalon Interchange ineligible for the PACE program.  Making high priority parcels impacted by the Purple ¾ mile boundary eligible for the program.  Bringing forward a MOU with the Town of Rock which would provide that the City of Janesville would support applications to be eligible in the Town of Rock that are located west of Highway 11. This would be consistent with the intent of a 1992 Boundary agreement between the Town of Rock and the City of Janesville. nd  The MOU will be presented to Council at the November 22 meeting. cc: Eric Levitt Jay Winzenz ÜÎßÚÌæ çóîîóîðïð ÎÑÝÕ ÝÑËÒÌÇ ÐßÝÛ ÐÎÑÙÎßÓ ÓßÐ ï í ÔÛÍß Í½±®»­ øÛ´·¹·¾´» п®½»´­÷ î Ì·»® × Ú¿®³´¿²¼ ó Ó±­¬ Í«·¬¿¾´» øéòí ó çòð÷ ì ï Ì·»® ×× Ú¿®³´¿²¼ ó Í«·¬¿¾´» øêòï ó éòî÷ Ì·»® ××× Ú¿®³´¿²¼ ó Ô»¿­¬ Í«·¬¿¾´» øíòè ó êòð÷ ý Ю·³¿®§ Ì¿®¹»¬ ß½¯«·­·¬·±² ß®»¿ ë Ì·»® × Ú¿®³´¿²¼ ß¼¶¿½»²¬ ¬± Ю·³¿®§ Ì¿®¹»¬ ß½¯«·­¬·±² ß®»¿ ײ»´·¹·¾´» п®½»´­ ײ»´·¹¾·´» п®½»´­ ó Ю±¬»½¬»¼ Ô¿²¼ Ý·¬§ ±º Ö¿²»­ª·´´» Ë®¾¿² λ­»®ª» ß®»¿ òéë øÔ¿®¹» Ý·¬·»­÷ ¿²¼ òë Ó·´» øͳ¿´´ Ý·¬·»­÷ Þ«ºº»® Ý·¬§ñÊ·´´¿¹» Û¿­»³»²¬ ß½¯«·­·¬·±² λª·»©ñÛÌÖ ß®»¿ øïòë ¿²¼ í ³·´»­ º®±³ Ý·¬§ñÊ·´´¿¹» ¾±«²¼¿®§÷ ê Ú®»»©¿§ ο³° é ο·´ Ô·²» α¿¼­ è ïï ݱ«²¬§ Ì®«²µ Ø·¹¸©¿§ ײ¬»®­¬¿¬» ç ÿ ðïîíìë Ó·´»­ ïð ÎÑÝÕ ÝÑËÒÌÇ ÐßÝÛ ÐÎÑÙÎßÓ ÜÎßÚÌæ çóîîóîðïð é è ç ÿ ÔÛÍß Í½±®»­ øÛ´·¹·¾´» п®½»´­÷ ý Ю·³¿®§ Ì¿®¹»¬ ß½¯«·­·¬·±² ß®»¿ ðïîíì Ì·»® × Ú¿®³´¿²¼ ó Ó±­¬ Í«·¬¿¾´» øéòí ó çòð÷ Ì·»® × Ú¿®³´¿²¼ ß¼¶¿½»²¬ ¬± Ó·´»­ Ю·³¿®§ Ì¿®¹»¬ ß½¯«·­¬·±² ß®»¿ Ì·»® ×× Ú¿®³´¿²¼ ó Í«·¬¿¾´» øêòï ó éòî÷ Ý·¬§ Þ±«²¼¿®·»­ Ì·»® ××× Ú¿®³´¿²¼ ó Ô»¿­¬ Í«·¬¿¾´» øíòè ó êòð÷ ײ»´·¹·¾´» п®½»´­ ο·´ Ô·²» ײ»´·¹¾·´» п®½»´­ ó Ю±¬»½¬»¼ Ô¿²¼ α¿¼­ Ý·¬§ ±º Ö¿²»­ª·´´» Ë®¾¿² λ­»®ª» ß®»¿ ݱ«²¬§ Ì®«²µ òéë Ó·´» Þ«ºº»® Ø·¹¸©¿§ ײ¬»®­¬¿¬» Ú®»»©¿§ ο³° ÓßÐ î