Agenda - Planning Commission - 03/01/2012

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ment prohibits nonfarm development in the area, except on preexisting lots, and prohibits new animal feedlots. Annexation cannot occur until a property is proposed for development, and unless both the township and the city agree to it. Either the city or township can stop an annexation they consider premature. 0 Mankato's agreement with Lime Town- ship establishes three subareas for phased annexation. Areas l and 11 are largely urban- ized, within the regional sewer service area, and scheduled for annexation in 2013 and 2018, respectively. Area 111 encompasses the largely agricultural remainder of the town- ship. Interestingly, the township has del- egated its planning and zoning authority to the city —the city planning commission also serves as the township planning board—at- though the township board retains approval authority over all zoning actions. In South Bend Township, which includes an old platted and partially developed town site and considerable industrial development along the Blue Earth River, county zoning continues to apply. As with Lime Township, three phased subareas are defined. No new industrial development is allowed without city and township concurrence. However, the township may extend limited sewer service to properties in the industrial zone. Blue Earth County in turn stipulates that in orderly annexation areas written authorization by both the township and the city is required as a condition for county approval of a subdivision, zoning change, or other land -use approvals. Property owners must petition the city to annex their prop- erty, and the city cannot force annexation of property without township consent. According to Paul Vogel, the city's com- munity development director, relationships with all three townships and the county re- main collaborative. "We look at these agree- ments as vehicles for cooperative planning." Bemidji's Regional Joint Planning Board Most joint planning boards only have jurisdic- tion over a designated annexation area, not the entire city or township. One more far - reaching approach is that of the Greater Bemidji Area Joint Planning Board OPB), which represents a merger of planning and zoning services for three units of government, the City of Bemidji, Bemidji Township, and Northern Townships, to- gether covering a 72- square -mile area. Bemidji is a regional center for north central Minnesota, with a state university, a regional hospital, a traditional downtown, and substantial resort ensio and recreation development in the lake coun- try that surrounds it. Andrew Mack, AICP, planner with the JPB, explains that the merger grew out of a typical contentious annexation process, with the state's administrative law judge mediating between townships and city. Local derision makers raised the question "Why can't we solve these problems by sitting in the same room ?" The parties in the dispute formed a task force, and their efforts led in 2005 to an orderly annexation agreement with three phases. In 2007 a sin- gle zoning and subdivision ordinance was adopted for alt three jurisdictions, along with a joint powers agreement for planning and zoning services. The agreement estab- lished the eight - member JPB, composed of four members appointed by the city and two from each township. A joint planning com- mission with 12 members was also estab- lished, with the same proportional split. The board acts as the decision - making organiza- tion, similar to a city council or town board, while the planning commission is advisory. In 2008, planning and zoning functions were centralized in the JPB, consolidating the separate city and township planning and zoning departments. Greater Bemidji Area Joint Planning Board This effort gave rise to a land -use policy plan, a transportation plan, zoning and subdivision ordinances, and an orderly an- nexation agreement, intended to establish boundaries that could be sustained over the next twenty years. While unique in Min- nesota and not specifically enabled by state planning statutes, the arrangement has proved durable and legally defensible. The JPB and local governmental units are now implementing the first phase of a planned 15 -year annexation process. The first phase was delayed for two years due to a series of landowner appeals of the assessments needed to extend sewer and water services along the west shore of Lake Bemidji. All the assessments were eventually upheld. The board is also begin- ning the preparation of a comprehensive plan for the entire planning area, revising the initial [and-use and transportation plans adopted in 2005 with the orderly an- nexation agreement. The zoning ordinance is reviewed and updated annually. The JPB also administers airport zoning within a larger area, including two other town- ships that are not part of the joint powers agreement and have not adopted zoning ordinances. ZONINGPRACTICE 1.12 AMERICAN PLANNING ASSOCIATION I page 4