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HomeMy WebLinkAboutResolution 2021 (07) Resolution No. 7 (2021) ST. R�.J►9, �'w '° �..1NTY RESOLUTION APPROVING THE LAND USE JURISDICTION AGREEMENT BETWEEN ST. CROIX COUNTY AND THE CITY OF RIVER FALLS REGARDING ORDINANCE ADMINISTRATION IN THE BOUNDARY AGREEMENT AREA IN THE TOWN OF KINNICKINNIC COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, Interim County Administrator Ellen Denzer, Director, Community Development DATE: February 2, 2021 AGENDA ITEM: Resolution Approving the Land Use Jurisdiction Agreement Between St. Croix County and the City of River Falls regarding Ordinance Administration in the Boundary Agreement Area in the Town of Kinnickinnic BACKGROUND INFORMATION The Town of Kinnickinnic and the City of River Falls ("City") are parties to a Cooperative Plan ("Plan") under Wis. Stat. § 66.0307 dated February 7, 2019 and approved by the Wisconsin Department of Administration on April 12, 2019. The plan provides for the City of River Falls to have authority over zoning and platting in the area of the Town that is identified as the Urban Reserve Area (URA) in the plan. The City and St. Croix County have drafted an agreement regarding land use ordinances in the URA to eliminate ambiguity with regard to zoning, land division and other land use activities. The agreement between the County and City, attached, requires approval by the County Board of Supervisors. Resolution No. 7 (2021) ST. R�.J►9, �'w '° �..1NTY RESOLUTION APPROVING THE LAND USE JURISDICTION AGREEMENT BETWEEN ST. CROIX COUNTY AND THE CITY OF RIVER FALLS REGARDING ORDINANCE ADMINISTRATION IN THE BOUNDARY AGREEMENT AREA IN THE TOWN OF KINNICKINNIC 1 WHEREAS, the Town of Kinnickinnic ("Town")is located in St. Croix County 2 ("County"); and 3 4 WHEREAS, the Town and the City of River Falls ("City") are parties to a Cooperative 5 Plan ("Plan")under Wis. Stat. § 66.0307 dated February 7, 2019 and approved by the Wisconsin 6 Department of Administration on April 12, 2019; and 7 8 WHEREAS, Section 4.2 of the Plan provides for the City to have authority over zoning 9 in the portion of the Town identified in the Plan as the Urban Reserve Area ("URA"); and 10 11 WHEREAS, Section 4.3 of the Plan provides for the City to have authority over land 12 divisions in the URA; and 13 14 WHEREAS,the City and the County desire to eliminate any ambiguity about their 15 respective roles with respect to the zoning and other land use issues in the URA; and 16 17 WHEREAS, a cooperative agreement is authorized by Wis. Stat. § § 66.0301 and 18 236.10(4)to clarify respective roles pertaining to zoning and other land use issues between 19 municipalities; and 20 21 WHEREAS, the County desires to enter into the attached Land Use Jurisdiction 22 Agreement between St. Croix County and the City of River Falls. 23 24 NOW, THEREFORE, BE IT RESOLVED that the Land Use Jurisdiction Agreement 25 between St. Croix County and the City of River Falls is hereby approved. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No financial impact. i ow-A Corporation n 5/2021 n, nterim Fina Dirertnr 1/15/2021 KA "' min 1/15/2021 01/21/21 Community Development Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Ed Schachtner, Vice Chair SECONDER: Judy Achterhof, Supervisor AYES: Schachtner, Anderson, Counter, Hansen, Achterhof, Hesselink Vote Confirmation. u 6 n HYansen Cammunily a pmmt barman 112SIM1 SL Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Ostness, Supervisor SECONDER: Ed Schachtner, Supervisor AYES: Schachtner, Anderson, Leaf, Koch, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey ABSENT: Bob Long, Tim Hall This Resolution was Adopted by the St. Croix County Board of Supervisors on February 2, 2021 Cindy Campbell, County Clerk LAND USE JURISDICTION AGREEMENT This agreement is made by the City of River Falls, a municipal corporation located in St. Croix and Pierce Counties, Wisconsin, and St. Croix County, a Wisconsin County. RECITALS A. The Town of Kinnickinnic ("Town") is located in St. Croix County ("County"). B. The Town and the City of River Falls ("City") are parties to a Cooperative Plan ("Plan") under Wis. Stat. § 66.0307 dated February 7, 2019 and approved by the Wisconsin Department of Administration on April 12, 2019. C. Section 4.2 of the Plan provides for the City to have authority over zoning in the portion of the Town identified in the Plan as the Urban Reserve Area ("URA"). D. Section 4.3 of the Plan provides for the City to have authority over land divisions in the URA. E. The City and St. Croix County (County) desire to eliminate any ambiguity about their respective roles with respect to the zoning and other land use issues in the URA. AGREEMENT Therefore, the County and the City agree as follows: 1. The County's non-metallic mining reclamation standards shall be effective in the URA and enforced by the County until such time as the City annexes areas containing non-metallic mining sites and adopts an ordinance governing reclamation of non-metallic mining pursuant to Wis. Stat. §§ 295.13(3) and 295.14(1). 2. The County's shoreland zoning ordinance shall be effective in the URA and be enforced by the County except in areas annexed by the City. 3. The County's floodplain zoning shall be effective in the URA and be enforced by the County except in areas annexed by the City. C:AUsers\juliepeAAppData\Local\Microsoft\Windows\INetCacheAContent.Outlook\KK9SJP84\3025607-Land Use Jurisdiction Agreement(clean copy draft 8-20-20) (002).docx 0114211012 1 4. Except as provided in sections 2 and 3 above, the City's zoning ordinance shall be effective in the URA and be enforced by the City. 5. The County's sanitary ordinance shall be effective in the URA, with regard to regulating private onsite wastewater treatment systems, and be enforced by the County except in areas provided municipal sewer service by the City. 6. The City shall administer, review and approve plats and other land divisions under the City and County Land Division Ordinances in the URA except that in areas annexed by the City, only the City's ordinance shall be effective. 7. This agreement shall be in force for the full term of the Plan. CITY OF RIVER FALLS Dated: By: Name: Title: ST. CROIX COUNTY Dated: By: Name: Title: C:AUsers\juliepeAAppData\Local\Microsoft\Windows\INetCacheAContent.Outlook\KK9SJP84\3025607-Land Use Jurisdiction Agreement(clean copy draft 8-20-20) (002).docx 0114211012 2