Land in Conflict. Managing and Resolving Land Use Disputes

2. Rolling Greens/Bald Hill Nursery
An Inventory of Perspectives…a real mess!

5. Land in Conflict framework
Chapters:
4. Assessing and understanding the
stakeholders, issues and interests
5. Designing a process for
collaboration
6. Facilitating deliberation
7. Implementing agreements

6. Guiding Process Principles
•
•
•
Engage early
Listen and learn first
Build on interests, not
positions
•
Design and build an
effective process
•
Involve many, not just a
few
•
•
•
Learn jointly
•
•
Be transparent
Use a skilled facilitator
Build relationships for
the long-term
Be responsive

7. Chapter 4
Assessing and understanding the stakeholders,
issues and interests

8. Assessment in North Kingstown
•
CBI Assessment Phase I and II
Phase I – interviews with local stakeholders; interviews and
feedback would dictate the process
Planning Commission shot down CBI project after 1st
assessment
PC felt that assessment was redundant, they already
knew background and resident concerns…
Application for new zoning district, tied to this intersection,
moved on….Public feels disconnected
Took over 1 year to adopt an ordinance that should have taken a
few months; public fought new mixed use ordinance for fear of
how it would apply at intersection
•
•
•
•
•

9. Assessment in North Kingstown
•
Town Council ordered 2nd assessment from CBI after
adoption of zoning and closure of Village Project reports I, II,
III
Process and results oriented; Consultant team selection
Had a strict mission – determine a vision and mix of uses;
complete process in 4 months
Spoke to original stakeholders and got other names of
people to speak with further in the process
It was never hidden why this deadline was in place; openly
discussed and debated numerous times
Had people on both sides objecting that this has already
taken too long, why even have this process….
•
•
•
•
•

10. Chapter 5
Designing a process for collaboration
1. Design the process with, not for the people
2. Undertake an assessment
3. Select the participants carefully
4. Link collaborative processes explicitly to formal decision-making
5. Provide multiple forms of participation to ensure full engagement
6. Ensure that technical support is professional, credible and publicly
legitimate
7. Set specific timeframes and deliverables

11. Design of the North Kingstown Process
•Who is included in designing the process? TC said, this is a Planning Department study
– Planning, figure it out;
Planning Dept and CBI – designed process
Stakeholder group – who is on; are elected officials or those running for office; TC
appointed group, and said take recommendations into consideration; no guarantee that TC
would agree;
Voting and non-voting members;
Set timeframe – wanted decision prior to the election; TC felt that they had been
dealing with this issue for over 2 years!
Stakeholder meetings; neighborhood focus meetings; open public meetings;
Simultaneously while Rolling Greens application was pending;
What are the constraints and opportunities for the future of this intersection?
What does the future of this intersection look like? What is that vision?
What can we agree upon to narrow down the issues?
Planning Commission and Town Council need direction from this group and the
residents on the proper type and intensity of development at this intersection.
•
•
•
•
•
•
•
•
•
•

12. Chapter 6
Facilitating deliberation

13. Facilitating deliberation:
The Beginning Phase

14. Clarify How Decisions Will Be Made
• Link with the Intent of the Process
• How much Agreement is needed?
• Determine what happens if decision threshold cannot be
met.
• Clarify responsibilities of approval (e.g., not blocking
later)
• Possible decision rules:
• Majority
• Super-Majority (i.e., 2/3s, 3/4s, 90%)
• By Interest/Stakeholder Group
• No blockers
• Unanimity

15. Facilitating the Beginning Phase
in North Kingstown
•
•
•
•
•
•
Ground-rules – how, when, and conduct;
What is consensus; defining consensus – 2
meetings to complete/figure out;
Non-voting members/voting members;
Involvement of abutting municipality as 2 nonvoting members;
Meetings every 3 weeks; tight timeframe;
What information (technical) was needed to make
a decision: aquifer, traffic, environment, stormwater,
and open space.

16. Facilitating deliberation: The Middle Phase

17. Trust

18. Strategies for Dealing with Difficult People
•
•
•
•
•
•
•
•
Enforce the Groundrules
Acknowledge concerns
Talk Privately
Account for Emotional Intensity
Separate the gripe from the griper
Analyze and name the problem
Use different process techniques
Engage broader constituencies

19. Facilitating the Middle Phase
in North Kingstown
•
•
•
•
•
•
•
•
•
•
TRUST!!!!!! Building it was challenging and for some was never
achieved (but did occur for others)
Work Plan was based upon existing zoning and issues
Zone change and Master plan for Rolling Greens was submitting
and on hold/slowly moving forward…..
Address technical questions on: aquifer, traffic, environment,
stormwater, open space, NIMBY
Smoke and mirrors; hidden agendas
Bickering
No innovative ideas that came out of this process
Design scenario options
Ability to rely on past meeting summaries
What can go there today?

20. Build out

21. Facilitating deliberation: The End Phase

22. Facilitating the End Phase
in North Kingstown
•Deadline of Town Council’s last meeting
•VOTING!!!!
•Scenario solutions of different options for development; broke
down into elements – i.e. bike paths and sidewalks; open space; per
property uses and densities; roundabout.
Tradeoffs and negotiating at the table
Developing a package of a preferred overall solution
In between the highway and the new zoning district, those
residential neighborhoods surrounding this intersection will not
change
Goal to reinforce the southern rural farmland, and to protect what
is not protected
•
•
•
•

23. Chapter 7
Implementing Agreements
•
The Steps of Implementation
1. Incorporate the agreement into a proposal
2. Advise the decision makers during the required process
3. Monitor implementation

24. Monitoring Implementation

25. Recommendations for Effective Implementation
•
•
Discuss implementation early
•
•
•
Clarify roles, responsibilities, and timelines
Keep lives of communication open throughout
implementation
Decide on timelines
Decide on Consequences

26. Implementation in North Kingstown
•
•
•
•
•
•
•
•
It was never hidden why this deadline was in place; openly
discussed and debated numerous times
Adoption by PC and TC process
A hectic November, especially the last full week
Mismatched ads – hurdles with that adoption
Hurt feelings
2 lawsuits pending; objections at SWP x2
Appeal decision through SWP and abutting municipalities
PC now reviewing the Preliminary plan

27. Village

28. Lessons Learned
•
•
•
•
•
•
•
•
•
We reached consensus, but was that successful?
Needed more time, maybe would not have had the residual lawsuits
Some of the details got lost, and details are important
Trust – people should trust, or we need to get public to trust us, planners
and consultants
Where did we go wrong? What happens if you get outvoted?
Would there have been any outcome, other than NO CHANGE, that would
have prevented the town from getting sued by abutters?
As soon as the abutters/stakeholders felt invalidated, they tried to
undermine the process!
Buy in from our Planning Commission – they didn’t get it;
SOUR APPLES – they were undermining the process during the process and
spreading misinformation;

29. Lessons Learned
continued…
•
•
•
•
•
•
•
Avoid the pitfalls, what where they at each phase?
Great consultants and designed scenarios, but public did not believe what
existing zoning would allow or that it could be built
Take some pictures to document this process
Solution is MUCH better than what was allowed under previous zoning
Process is about getting to solutions, not making everyone happy
May develop some allies and enemies through this process
It is taking too long to do nothing!

30. Rolling Greens/Bald Hill Nursery
Rural
Gateway/Emerging
Growth Center
Recommendation
from South County
Design Manual
RIDEM, 2001

31. Questions???
•
•
Stacie Smith
Consensus Building Institute
•
•
Jonathan J. Reiner, AICP
North Kingstown Planning Department
•
•
Nathan Kelly, AICP
Horsley Witten Group