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Home My WebLink About1997 [07] Jul 17 {Book 12} -f~'} e . Jo~TY OF ST. JOSEPH 21 First Avenue NW 1'.0, Box 668, 'it. Joseph. MN 56374 :320) 363-7201 AGENDA Fax: 363-0342 1. Approve Agenda. 2 . CONSENT AGENDA a) Approve Minutes - July 3, 1997 \IAYOR 3. PUBLIC COMMENTS TO THE AGENnn. Kenneth J, Hiemenz 4. Bills Payable & Overtime and Call Outs. CLERK! 5. Treasurer's Report. A.DMINISTRATOR Rachel Stapleton 6. Mayor (& Committee) Reports a) East Minnesota Street Re-sodding -Watering responsibility. b) Create Position - Police Dept. Administrative Assistant c) St. Wendel Township - St. Stephen meeting, COUNCILORS el) Other Matters of Concern Bob Loso " Cory Ehlert l . Council ( & Cornmi t tee) Reports Ken Twit r. Wiedenfuer c . Department Head Reports 9. Clerk/Administrator Reports a) Bids received on 78 Ford Pickup b) Publication of the Cable Communications Ordinance Amend~ent - Full ordinance or surmnary c) Community Sign Policy and Use of Sign d) Tattoo Ordinance el Central Minnesota Initiative Fund f) Other Matters of Concern ..:. '.j . 7:30 P.M. - Comprehensive Plan Continuation Hearing '::::.:::-cm Planning Cornmission) " ~ 8:00 P.M. David Nystuen. - State Historical Soc.iety ...:.... ~. ~ ') 8:30 P.M. - City Engineer Joe Bettendorf _-:...- . ~) Water Treatment Facility, Status and Change Order b) Other matters of concern - ~ . Great River Round :'able - I nf orrna. t:ion by Dou-; Clark ~.L Block Pa.rtv - Recuest to Block Street - Dave Thomas n ....cCtnc:. Use Issues -- . .=tJ Land Use Moratoriili~ - rtlghway 75 corridor '-- , ifarlance Appeal Nark Hi: ~!'...er - .i 3pecia.l Use .Appeal and '1Ia~:.ance -- Ste~2.mach . .-. ~~ Cloud jJ,.r e a L,!OlD L: Flannina Ac 2:'eernen t . 2; '_ . - -- :vl~ scellanec)us .~nr.:. c. II n (: "-~::~le n t Item2. ~::;r ..;...."> .. )\d i ourn Mee1:ing. <. . . f ~ Page 1 . Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session at 7:00 p.m. on Thursday, July 3, 1997 in City Hall. MEMBERS PRESENT: Mayor Kenneth 1. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit; Clerk! Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Dick Taufen, Scott Berscheid, 1. B. Thomas, Daniel R. Olson, Eric Fowler, AI Greig, Norm Gregerson, Karl Greig, Jean Gustin, Jim Graeve, Ken Heinen, Janet Ophoven, L. Hoffman, Steve Streng, Kevin Blanchette, Joanne Zipp, Lee Zipp, Dick Taufen, Bradley Lindgren, Shannon Hinnenkamp. Mayor Hiemenz called the meeting to order at 7:00 p.m, with Councilors Loso, Ehlert, Niedenfuer, and Twit present. AGENDA: Loso made a motion to approve the agenda with Number 16 - St. Cloud Community Based Planning Agreement moved to 8:00 p.m, to accommodate a representative from the State Planning Office to discuss this.issue with the Council; seconded by Niedenfuer, Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. . NOISE VIOLATION HEARING: Mayor Hiemenz stated an evidentiary hearing was not requested by the property owners and opened an informal Noise Violation Hearing for property owned by Norm Gregerson and AI Grieg, at 310 Old Highway 52, due to an incident of June 14, 1997, Norm Gregerson spoke for the owners indicating they understood the seriousness of the matter and had requested the renters to be present and speak to the Council. Eric Fowler, renter and a 3rd year St. John's University student, stated they had only lived at the property a short time before the noise violation occurred. The renters had a "no smoking" policy in their apartment, requiring smokers to go outdoors, Since this incident the renters have required the windows to be closed when guests are present to keep the noise in the rental unit, and also allow smoking indoors. He apologized to the Council and the community, and stated they want to do whatever is necessary to prevent another incident. :tvfayor Hiemenz recommended the renters give their phone numbers to the neighbors and request the neighbors call them when the renters are getting out of line. Dan Olson, another renter, concurred with Fowler and stated he felt remorseful for the incident ~md they want to be good members of the community. He thanked the Council for allowing him tG be heard. . Scott Berscheid also took responsibility stating the incident happened on his 21 st birthday. The Mayor and Council further discussed the violation indicating this is a fIrst violation for this licensing year. Ehlert made a motion to follow current policy consistent with fIrst violations considering this a strong warning; seconded by Twit. Discussion - Twit recommended including e, ) Page 2 . costs associated with the violation of $84,00 and made a motion to amend the motion to include costs; seconded by Ehlert, Vote on the amended motion: Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, CONSENT AGENDA: A motion was made by Loso to approve the consent agenda as follows; seconded by Ehlert: 1, Minutes of the June 19, meeting with corrections as follow: a) Public Comments to the Agenda: Ken Twit as an EDA Board member will be reporting to the Council (he is not a liaison). b) Mayor Reports: 6) Council discussed the level of coverage needed. Loso generally felt in the summer less coverage is needed, c) Miscellaneous or Announcement Items: Loso stated if Hiltner already received one (variance) he should cancel the hearing, 2, St. Joseph Volunteer Fire Department Exemption from Gambling License - August 22, 1997 at the LaPlayette 3) Advanced Clerk's Institute - St. Paul, July 24 & 25, $150 Registration, 4) Approve Park Board Special meeting for budget plarming, 5) Application for Payment (fmal)- Mark J. Traut Wells for 1996 Well No, 5 - $2,634,75 6) Application for Payment No.3 - to W. Gohman Construction Co, for New Fire . Station., $145,525.00 Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried. Twit questioned the status of the escrow for W. Gohman Construction, Mayor Hiemenz stated Bruce Gohman bid the project with the intention of retaining the interest from the escrow account. State law allows such agreement with certain securities, !vIr, Gohman intends to provide whatever securities necessary to receive the interest on the escrow account. Twit made a motion to approve the escrow agreement as initially drafted allowing the contractor the interest on the escrow account. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, PUBLIC COMMENTS TO THE AGENDA: Shannon Hinnenkamp requested the Council allow him to erect a sign on city property on County Highway 75 (by the Wastewater Facility) indicating his property behind the Boy Scout Building is for sale. Loso stated it could not be placed in the County right-of way area, Council agreed to consider the matter under lvfiscellaneous and Announcement agenda item, Janet Ophoven expressed concern about removing the hockey rink. Loso stated the Park Board agreed to have it removed because of the poor condition of the facility, lack of cooperation between the hockey players and figure skaters, and the behavior of the hockey players. Ehlert . suggested reconsideration of the removal of it in consideration of repairing and restoring it. );"iedenfuer felt there is a need to provide for figure skaters also, Ehlert requested the Park Board reconsider the matter, Jim Graeve stated the sod installation was very poor on the East Minnesota Street project. Mayor Hiemenz stated the contractor is aware of that and will address the problem, . . . ( . . Page 3 Jim Graeve also recommended having the City Police monitor and frequently visit the skaters and hockey players at the facility when it is open. He felt that may take care of the problem, Ken Heinen requested to have the speed limits reduced to 20 mph on the side streets, He stated vehicle speed is a hazard in his neighborhood. Loso stated speed limits are regulated by state statute, the City has little control over speed limits. BILL~LPAYABLE. OVERTIME AND CALL OUTS-=. Deputy Clerk Judy Weyrens presented the bills payable, overtime and call outs. The Council discussed several bills. Twit made a motion to approve payment of the bills payable as presented check numbers 24223 - 24280; seconded by Ehlert, Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried. After review and discussion of the. overtime, sick leave and call outs; Twit made a motion to approve them as presented; seconded by Loso.. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, . Mayor Hiemenz stated the Personnel Committee needs to address the interim schedule for the police officers with the Police Chief. wIA YOR'S REPORT: 1) The APO election of officers elected Carla Schaefer, Waite Park Councilor, as secretary. 2) Mr. Longo of the Great River Roundtable will be holding area infonnational meetings this fall. The area being served by these meetings will be a 15 to 20 mile radius of St. Cloud with the first meeting being held on September 23, 1997, 3) Steams County Commissioner Rose Arnold recently had. major surgery. 4) The APO future population projection of2015 has been extended out to 2020. The population estimates are holding true, 5) The APO Transportation Plan has two changes, but neither of them has an effect on St. Joseph, 6) The police clothing allowing will be discussed during the Chief of Police report. 7) The Mayor recently introduced EDA Director Chad Carlson to the St. Cloud Area Economic . Development Partnership Board, Mayor Hiemenz made a motion to appoint Chad Carlson as the City's alternate representative to the Partnership; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, 8) The Mayor met with a group of interested citizens with the Brian Klinefelter Foundation. They requested the Mayor to appoint a task force of interested citizens and will be having a . ( ) Page 4 . meeting to gain input on the type of structure desired, Interest was indicated for a community or recreational facility. 9) A meeting of St. Cloud Mayor Winkelman, Mr, Longo and others was attended by Mayor Hiemenz, Support of area communities for area planning is. being sought. Mayor Winkelman also indicated his desire for a dome type structure to be located in the Lake George area, 10) Representatives of the Monastery and College of St. Benedict met recently with the Mayor indicating a desire to work together in partnership with the City and to do joint planning. JOINT POWERS AGREEMENT FOR ST. CLOUD AREA COMMUNITY BASED PLANNING: Steve Rueckers, Representative of Minnesota Joint Planning Agency, discussed the legislation allowing St. Cloud Area Joint Planning pilot project. He discussed with the Council various aspects of the proposed joint powers agreement between the Cities of St. Cloud, Sauk Rapids, Sartell, St. Joseph and Waite Park; and the Counties of Benton, Stearns and Sherburne, The other jurisdictions are in the process of reviewing the agreement, but it 'was not known if any had approved it. Rueckers stated there had been discussioh if all the jurisdictions were required to participate, The Attorney General generally felt the legislation required all jurisdictions to participate in order to receive the funding, If a member should chose not to participate, a decision would have . to be made if a legal opinion from the Attorney General would be requested and who would bear the cost of the opinion, A copy of the goals in the legislation will be provided to the Council. ;\-ffi.'IT STORAGE UNITS, SPECIAL USE PERMIT AND VARIANCE: The Council reviewed the fmdings of the Planning Commission concerning a request of Ai Stellmach and Steve Hoffman for a Special Use Pennit and a twenty foot variance on the rear yard setback in an Industrial Zone to construct mini storage units, The Planning Commission recommended approval of the Special Use Pennit and denial on the variance due to voluntary withdraw by the owners, After short discussion Twit made a motion to deny the varia.'lce as requested and to deny the Special Use Pennit on the basis that there is no plan submitted; seconded by Niedenfher. Ayes: Hiemenz., Loso, Ehlert, Niedenfuer, T\vit. Nays: None, Motion carried, RE-ZONING REOlJEST: The Council discussed the recommendations of the Planning Conmlission concerning the Re-Zoning request for 414 East Minnesota Street of Greg Smoley, from R-l (Single Family) to R-3 (Multiple Family) - The Planning Commission recommended denial. Loso made a motion to support the Planning Commissions recommendations and deny the re-zoning request. The motion was seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, The :.Jayor declared a recess at 8 :35 p,m, to review the recommendations of the City Attorney. . The ~fayor called the meeting back to order at 8:50 p,m, ZlYP VARIANCE REOUEST ON A1~ ACCESSORY BUILDING: The Council considered the variance request of, Leander Zipp, 308 East Minnesota Street, for a 636 foot variance on .. . - '" t . Page 5 accessory building maximum size, and 602 foot variance on maximum lot coverage to construct an addition to the existing garage- P1arming Commission recommended approval. Ehlert discussed the Planning Commission's consideration of the request. Due to the grandfather status of the existing structure, the proposed addition is six feet by twenty four feet. The Commission also considers it a unique situation. Niedenfuer stated the recommendations from the attorney discusses strict guidelines in the ordinance. Jim Graeve recommended making a decision based on the reasonable thing to do, Twit made a motion to not accept the Planning Commission's recommendation and deny the variance request based on the following: 1) the attorney's recommendations; 2) the property exceeds the maximum accessory building size creating the need for a variance on the maximum lot coverage; seconded by Loso. Ayes: Hiemenz, Loso, , Niedenfuer, Twit. Nays: Ehlert. Motion carried. . Loso recommended the Planning Commission review the standards set in the zoning ordinance and consider if they are reasonable. HOFFMAN VARIANCE REOUEST ON AN ACCESSORY BUILDING: The Council considered the Planning Commissions [mdings for recommended approval along with the recommendations of the City Attorney for a variance request of Leon Hoffman at 314 East lvlinnesota Street, for a 288 foot variance on maximum lot coverage. The proposed addition is 22 feet by 24 feet. Loso made a motion to approve the variance request based on the size of the lot; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. HILTNER VARIANCE REQUEST ON STREET SIDE YARD: The Council considered the variance request of Mark Hiltner, 309 Cypress Drive, for an 8 foot variance on the front yard setback to construct a deck. P1arming Commission recommended approval. Niedenfuer made a motion to deny the request based on lot size and configuration; seconded by Hiemenz. Ayes: Hiemenz, Niedenfuer. Nays: Twit. Loso and Ehlert abstained. . Motion failed, Although the motion failed to deny the variance it was noted the variance was not approved. . CHIEF OF POLICE REPORTS: Chief Brad Lindgren presented the quarterly report and Jiscussed several aspects of it. 1) He indicated the closing date for receiving applications for filling Officer Dean Cichy's position was July 2, 1997. The hiring process along with legal consultation will be started. . ( 1 Page 6 . 2) Chief Lindgren stated Officer Steven Fischer has past his probationary period and he recommended approval of him as a regular officer. Twit made a motion to approve Officer Steven Fischer to regular officer status; seconded by Ehlert, Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, 3) Mayor Hiemenz discussed the proposed policy specifying which items are allowed for uniform allowance and which are department equipment. The Council discussed and generally agreed to the following placement of certain items. Department owned: 1 set of handcuffs, asp, tape recorders, P,B,t, units Uniform allowance: 2nd pair handcuffs, up grade to tape recorder, under cover clothes, Source of the funding for (safety) vests was discussed. Generally agreed was if an officer leaves in good standing the Officer may retain the vest. If the Officer is terminated or asked to leave the vest will stay with the department. Upgrades of specific items as teclmology changes, will be brought to the Council. Niedenfuer made a motion to accept the policy for designating uniform allowance items and . department owned items as clarified; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, At 10:00 p,m. Mayor Hiemenz extended the meeting to 10:30 p,m, 4) Chief Lindgren informed the Council St. Joseph has received a grant to assist in funding an Administrative Assistant. He discussed the proposed duties of the position as well as the need to require an allowance to come in during times other than regularly scheduled work hours as necessary, providing services such as transcription services, Mayor Hiemenz recommended classifying the position exempt. Niedenfuer made a motion to apply for the grant, with City share being $2,500 for the first year (budgeted under professional services) and $3,000 for the second year and proceed with the hiring process, The motion was seconded by Ehlert, Discussion - Mayor Hiemenz stated this could alleviate Police Officer overtime doing reports. Council discussed other additional costs including uniforms, The work station and equipment would be an existing one, The Council further discussed levy limits, status of the grant, \vhen decision needs to be made, and increased costs in other departments. It was noted other departments have maintained their size with the ll1creased workload, Ehlen made a substitute motion to table the matter to the next meeting; seconded by Loso, Ayes: Loso, Ehlert, Niedenfuer, Twit. . ~ays: Hiemenz, Motion carried, Loso questioned the status of equipment being held for evidence, and the length of time it is :.'\pected to be held, Lindgren indicated the County Attorney's office is handling certain cases, " . . r J . Page 7 ALLEY MAINTENANCE: Kevin Blanchette appeared before the Council to discuss the maintenance status of the closed alley in block J of Loso' s Second Addition. Mter short discussion of the status of the alley, closed not vacated, and the need for snow removal, Council requested the tape of the decision to vacate be reviewed for further consideration. DIRECTOR OF PUBLIC WORKS REPORTS: Dick Taufen reported on recent complaints received. He reported on a drainage problem at 308 11 th Avenue SE adjacent to Pondview Ridge Addition. The lots are built up higher to the east and drain onto his property. Council agreed to have the City Engineer review the situation and make a recommendation. Taufen also reported a resident at 1006 Date Street E. reported not being able to hear the Civil Defense siren. That same individual is concerned that the holding pond in the park does not hold all the drainage water when it rains, The water extends into her property, and she understood that the water would not extend into her property. Loso reported a second siren is planned with revenue designated in the budget each year. He also stated the holding pond will be dredged with phase four Pondview Ridge Addition development. Taufen indicated the area is producing much more water with each development. Taufen also reported the last three developments have had serious drainage problems. He felt -.- requiring our engineer to draw the plans for developments could alleviate some of these problems, WATER FILTRATION PROJECT: Taufen reported on the status of the Water Filtration Project as well as the SCADA system. Bentec is requesting payment, but he stated there are a few items that need to be completed as well as receiving an adequate radio license. Council agreed to have the Contractor (Mark Magney) for the Water Filtration project and the Engineers (Jim Norton and Joe Bettendorf) meet with Taufen to go over the project and detennine the status and what needs to be done to fmalize the project. The Council also agreed to have the City Attorney send a letter to Bentec (the provider of the SCADA system) indicating the status and need to fmalize that portion of the project. COUNCILORS REPORT TWIT: 1) The EDA Director keeps a daily log of his activities and will be reporting to the Council on them. He has currently met with several businesses in the area, 2) The Investment Committee met recently and reviewed the fInal investment policy as well as current investments, 3) The Personnel Committee met and have been reviewing the current personnel policies of the City. He presented a summary of the areas of review and status. He also stated there will be consideration of requiring time clocks for employees, . 4) Twit indicated he was disturbed by the proposal at the last meeting (in his absence) to require the members of Boards and Commissions to have the right to solicit, receive and review applicants for their membership replacements, and make recommendations to the City Council for approval prior to appointment by the Mayor with Council approval. He indicated the Fire Department no longer may do this and would be offended by giving this allowance to Boards and Commissions, Niedenfuer also took umbrage to this issue being considered without her input. . ( Page 8 . E~ERT: 1) The Planning Commission proposed a 60 day land use moratorium for an area on County Highway 75 to consider zoning issues, Niedenfuer made a motion to table the matter and refer it to the City Attorney for recommendation; seconded by Ehlert, Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, 2) The Planning Commission requested the Council hold a hearing for public input on the Comprehensive Plan at their meeting on July 17 at 7:30 p.m, Council generally agreed to allow such hearing for public input. 3) The Plarming Commission also requested a joint Plarming Commission meeting with the City Council on July 22 at 7:00 p,m. in the City Hall, 4) The tattoo ordinance will be referred to the Council for approval at a later date, LOSO: Loso made a motion to withdraw his motion from the last meeting requesting an amendment to the procedure for appointing new members to the Boards and Commissions; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, . NIEDENFUER: 1) Niedenfuer reported on the League of Minnesota Cities Annual Conference she recently attended, with sessions on pay equity and Women in City Government. She also met with the Minnesota Project for Sustainable Development, and is a member of the committee, , CLERK/ADMINISTRATOR REPORTS: Rachel Stapleton presented the updated Stearns County Highway Department five year improvement plan, The Community Sign policies will be considered at the next meeting, MISCELLANEOUS OR ANNOUNCEMENT ITEMS - SIGN PLACEMENT REQUEST: Twit made a motion to allow Shannon Hinnenkamp to install a temporary sign on City property by the Maintenance Garage and Wastewater Facility on County Road 75 beyond the right-of- way area location to be approved at the discretion of the city maintenance personnel. The sign may be located for up to sixty days. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, Twit made a motion to adjourn the meeting at 11 :05 p.m, with any further business to carry over to the next meeting; seconded by Ehlert, Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried. . Rachel Stapleton ClerkJAdrninUstrator . ~ , f , . Personnel Committee Meetings 4-1 - 7-1 Goals and objectives: To thoroughly review the current personnel policies of the City of St. Joseph. With attention to its contents, policies and procedures. And making changes, additions and accommodations to the respective policies. Paying special attention in determining the implementation I intent of the policies, and whether they are being properly adhered to. Note: the intent of this memo is to briefly outline the issues, concerns, procedures, problems and needs, thtl.'rwe must address. And ultimately determine if they are or are not being followed. 1. General Personnel Issues (pp. 1 - 15) a) The need to define "exempt and non-exempt" employees. -The need to re-evaluate the exempt and non-exempt issue, and the employees it will effect. . b) Anniversary Date: Special attention to vacation pay, holiday pay, individual employee evaluations, and seniority. c) Our concerns of how the residents, public, and visitors of our city perceive our employees, attitudes, willingness to help, and overall public relations skills. d) Implementation of a "public relations questionnaire". 2. Employee rights and restrictions a) Introductory period: Our goal is to define and determine who and what departments are following what policies. And determine who's responsibility it is to adhere to their respective policies. ( Le, currently an experienced police officer is required to serve a 6 month introductory period, versus a new employee must serve 1 year). b) Excentuate the current drug testing policy. c) Disciplinary actions and behavioral issues. d) Wage and salary policies: 1. Assessing the need for time clocks for all departments. - In regards to the cities liability concerns regarding workman's comp, and , . . Insurance Issues. 2. Call back pay- Current policy versus current practice. . .. . ~- f , . 3. Overtime pay- scheduled versus incidental overtime pay. - current policy versus current practice, 4. Comp time. This is a very large issue in itself, we need your thoughts and input on this issue. 3. Performance and Compensation Reviews a) Semi - annual review, twice a year rather than once a year. b) The step system should be/is a means of meritorious advancement. ( step system should not be used as an automatic annual pay increase; rather a means of incentives to maintain high levels of work performance and advancement). c) Continuing the educational advancement of our city employees: continuing education classes and workshops. Cross training employees to do carry extra/ additional responsibilities, for the betterment of themselves and the city. 4. Work schedule and related issues. . a) breaks / rest periods: policy -vs- practice. b) Lunch breaks: policy -vs- practice. (full work day plus/minus lunch break). c) Holiday pay in regards to introductory time of employment: are new employees eligible to receive holiday pay within the first 6 months- practice -vs- policy. d) vacation policy issues, clean up issues that may be unclear. e) sick leave: practice -vs- policy. . : Jul 1997 , l . Bills Payable Page 1 In 11:26 AM City of St. Joseph ;. ' July 17, 1997 Transaction Depart Imber Name Comments Amount Description Fund '4281 SUMI1ERlAND special event 174.00 101 '4286 AMERICAN PAGING pager, Li ndgren 16.99 Communication Service 101 '4287 AT & T .long distance 7.00 Communication Service, 101 ' ;4287 AT & T long distance 19.20 Salaries & Adminstrative 101 '4287 AT & T long distance 31,84 Salaries & Adminstrative 101 '4287 AT & T long distance 5.48 Communication Service 101 '4288 AUTO PARTS WEST ta il. ga te cvi', sea t cover 63.81 Fire Fighting 105 '4289 AUTO VAlUE- WEST. . John Deere' repai r parts 145.60 Park Areas . 101 /4289 AUTO VALUE - WEST filters, cable; cleaner 146.63 Street Haintanence 101 '4290 BERNICK'S PEPSI-COLA pop machine refill 89.03 Other Financing.Uses 101 .4291 BROWNING-FERRIS INDUSTRIES dumpster, par ks 93.77 Par~ Area~ 101 '4291.BROWNING-FERRIS INDUSTRIES residential refuse 5,807.50 Waste collection 603 '4291 BROWNING-FERRIS INDUSTRIES dumpster, parks 367.48 Park Areas 101 '4291 BROWNING-FERRIS INDUSTRIES dumpster removal 93.77 Administr~tionand general 602 '4292 CASE WISE FOOD cooking club supplies 30;65 Participant Recreation 101 4293 CITY 'OF ST. CLOUD sewer use rental, june 5,246.94 Sewage Treatmerit plant 602 4294 COLD SPRING CO-OP CREAMRY .seed & fertilizer 1,455.00 Park Areas 101 's295 COLD SPRING VETERINARY CLINC kennel fees 121.00 Animal control 101 4296 EARL'S WELDING/INDUSTRIAL SUPP testing cylinders, refill 66;49 Haint Shop 101 4297 fISENSCHENK, RON welcome sign expenses 110.00 Lions Club Improvements 101 4298 ERKENS All SEASONS SERVICE cleaning services 69.22 city Hall 101 ~RKENS ALL SEASONS SERVICE :cleaning services 69.23 City Hall Annex 101 . FEED-RITE CONTROl~ water tests 12.00 Purification 601 4299 FEED-RITE CONTROLS sewer tests 108.00 Sewage Treatment plant 602 d299 FEED-RITE CONTROLS sample bottles 5.00 Sewage Treatment plant 602 4300 FIRST STATE BANK collection fee 2.30 Administration and General 601 4300 FIRST STATE BANK collection fee 2.30 Administration and general 602 4300 FIRST STATE BANK collection fee 2.30 Waste Collection 603 001 FITZHARRIS t-shirts, summer rec 1,840.30 Participant Recreation 101 ~302 HARDRIVES street repair mix. 74.12 Street Maintanence 101 4303 HIEDEMAN, DAVIa summer rec supplies 14.47 Participant Recreation , 101 ~304 KLN DISTRIBUTING installation of software 30.00 Economic Development Authority 101 4304 KlN DISTRIBUTING exp'anded memory 413.40 Salaries & Adminstrative 101 iJ05 LEE'S ACE HARDWARE paint 57.33 City Hall 101 :305 LEE'S ACE HARDWARE tapes, fuses, 10.71 Crime Control & Investigation 101 ;305 LEE'S ACE HARDWARE repair supplies 56.91 Street Maintanence 101 ;305 LEE'S ACE HARDWARE repair supplies 86.80 Park Areas 101 4305 LEE'S ACE HARDWARE repair supplies 28.02 City Hall Annex 101 ~305 LEE'S ACE HAR~WARE repair supplies 25.30 Park Areas 101 ~305 LEE'S ACE HARGWARE repair supplies 59.90 Maint Shop 101 l305 LEE'S ACE HARDWARe repair supplies 56.45 Fire Fighting . 105 ~?05 LEE'S ACE HARDWARE repair supplies 45.37 Administration and General 601 ~305 LEE'S ACE HARDWARE repair supplies 18.69 Sanitary Sewer Maintenance 602 ,; 306 LEEF BROS floor runners 10.40 City Hall Annex 101 0:3G6 LEEF BROS floor runners 5.20 City Hall 101 '306 LEEF BRaS clothing service 39,90 Street Maintanence 101 "3"'{. LEEF BROS clothing service 13.31 Administration and General 601 ilEEF BROS clothing service 13.31 Administration and general 602 430 LOSO'S STORE film 12.56 Crime control & Investigation 101 .;308 LOSO, BOB emergency services 75.00 Emergency Siren 101 14 Jul 1997 Bills Payable Page 2 Mon il:26 AM City of St. Joseph r July 17, 1997 ) Check Transaction Depart . Number Name Comments Amount Description Fund 24309 LUNDSTROH, ABBY L cooking clu~ supplies 42.27 Participant Recreation 101 24310 METRO PLUMBING & HEATING furnace repairs 425.76 City Hall Annex 101 24311 HINNESOTA SALES AND USE TAX sales tax 147.58 101 24311 MINNESOTA SALES AND USE TAX sales tax 187.42 601 24312 NORTHERN STATES'POWER electricity 513.18 Power and Pumping 601 24312 NORTHERN STATES POWER gas 15.35 Power and Pumping 601 24312 NORTHERN STATES POWER street lighting 1,439.19 Street Lighting 101 24313 ORDER OF ST. BENEDICT summer workers - June 292.80 Park Areas , 101 24314 PERA life insurance. 12.00 Crime Control & Investigation 101 24314 PERA life insurance 9.00 Street Maintanence , 101 24314 PERA life insurance 9.00 Sanitary Sewer Maintenance 602 24315 RAJKOWSKI HANSHEIER LTD legal fees, criminal 2,149.90 Crime Control & Investigation 101 24315 RAJKOWSKI HANSMEIER LTD legal fees, Pond View 80.00 City Attorney 101 24315 RAJKOWSKI HANSMEIER LTD legal fees, general 448.00 City Attorney 101 24315 RAJKOWSKI HANSMEIER LTD legal fees, fire hall 48.00 Fire Station and Building 417 24316 RASSIER, AL rental housing inspection 231,00 Building Inspec. Admistration 101 24317 RENGEL PRINTING business cards, Carlson 33.55 Economic Development Authority 101 24318 SCHERMERHORN, LESLIE transcription services 157.50 Crime Control & Investigation 101 24319 SEH engineering, Indust Park 409.58 Industrial Development 101 24319 SEH engineering, ~ap improvmt 1,386.05 Engineering Fee 101 24319 SEH engineering, East MN 1,836.37 Street Haintanence 415 24319 SEH engineering, Roske improv 712.58 Street Maintanence 416 24319 SEH engineering, Pond View 3 4,113.77 Engineering Fee 101 . 24319 SEH engineering, Pond View 4 4,611.93 Engineering Fee 101 24320 SPEEDY PRINT type set,bus crds,statnry 26.63 Salaries & Adrninstrative 101 24321 ST. CLOUD AREA PLANNING ORG. 2nd half assessment 2,647.00 Council 101 24322 ST. CLOUD RESTAURANT SUPPLY cups, can liner 55.11 Park Areas 101 24324 ST. CLOUD TIMES hearing publications 45.92 Legislative Committies 101 24325 ST. JOSEPH NEWSLEADER notification fee 70.00 Administration and General 601 24325 ST. JOSEPH NEWSLEADER notification fee 70.00 Administration and general 602 24325 ST. JOSEPH NEWS LEADER ad, water ban 38.00 Administration and General 601 24325 ST. JOSEPH NEWSLEADER ad, surplus truck 16.25 Street Maintanence 101 24326 STUEVE'S GARAGE INC R&R window mtr & Sw Ford 304.16 Automotive Services 101 24326 STUEVE'S GARAGE 1NC repair stop lite switch 29.02 Automotive Services 101 24327 SUPER AMERICA gas 139.63 Automotive Services 101 24327 SUPER AMERICA gas 76.00 Street Maintanence 101 24328 TRI-COUNTY PARTS SUPPLY truck repair supplies 95,80 Maint Shop 101 24330 TRUSTEE INDUSTRIAL FUND health insurance 788.30 Salaries & Adminstrative 1M 24330 TRUSTEE INDUSTRIAL FUND health insurance 150,69 Accounting 101 24330 TRUSTEE INDUSTRIAL FUND health insurance 185.74 Accounting 101 24330 TRUSTEE INDUSTRIAL FUND health insurance 2,263,46 Crime Control & Investigation 101 24330 TRUSTEE INDUSTRIAL FUND health insurance 360.56 Street Haintanence 101 24330 TRUSTEE INDUSTRIAL FUND health insurance 143.69 Park Areas 101 24330 TRUSTEE INDUSTRIAL FUND health insurance 642.82 Administration and General 601 24330 TRUSTEE INDUSTRIAL FUND health insurance 472.66 Sewage Treatment Plant 602 24330 TRUSTEE INDUSTRIAL FUND dental insurance 63.84 Salaries & Adminstrative 101 24330 TRUSTEE INDUSTRIAL FUND dental insurance 18,33 Accounting 101 24330 TRUSTEE INDUSTRIAL FUND dental insurance 232.57 Crime Control & Investigation 101 . 24330 TRUSTEE INDUSTRIAL FUND dental insurance 15.35 Street Haintanence 101 24330 TRUSTEE INDUSTRIAL FUND dental insurance 18.33 Park Areas 101 IJul1997 , Bills Payable Page 3 )nll:26AM1 City of St. Joseph :. July 17, 1997 Transaction Depart . Hilber Name Comments .Amount Description Fund )4330 TRUSTEE INDUSTRIAL FUND dental insurance 58.80 Administration and General 601 )4330 TRUSTEE INDUSTRIAL FUND dental insurance 53.65 Administration and general 602 )4330 TRUSTEE INDUSTRIAL FUND life insurance 23.62 Salaries & Adminstrative. 101 )4330 TRUSTEE INDUSTRIAL FUND ...life insurance 3.25 Accounting 101 )4330 TRUSTEE INDUSTRIAL FUND li fe i nsura nce 32.00 (rime Control & Investigation 101 Ja330 TRUSTEE INDUSTRIAL FUND li fe insurance 21.00 street Maintanence 101 )';330 TRUSTEE INDUSTRIAL FUND li fe insurance 2.50 Park Areas 101 '4330 TRUSTEE INDUSTRIAL FUND life insurance 15.63 Administration and General 601 '4330 TRUSTEE INDUSTRIAL FUND life insurance. 7.50 Administration and general 602 \ '4331 TWIT, Wi mileage 46.50 Council . . 101 :4332 UNIFORMS UNLIMITED uniforms, Young - 296.95 Crime Control & Investigation 101 '4333 UNIVERSTTYOF MINNESOTA advanced clerks academy. 150.00 Salaries & Adminstrative 101 '4334 US WEST COMMUNICATIONS telphone 64.74 Maint Shop 101 '4334 US WEST COMMUNICATIONS telphone 64~75 Sewage Treatment Plant. 602 '4334 US WEST COMMUNICATIONS telphone 52.47 Fire Communications 105 '4334 US WEST COMMUNICATIONS telphone 48.50 Sewer Lift Station 602 '4334 US WEST COMMUNICATIONS telphone 49.72 Communication Service 101 '4334 US WEST. COMMUNICATIONS telphone 238.96 Communication Service 101 '4334 US WEST COMMUNICATIONS . telphone service 220.00 Economic Development Authority 101 '4334 US WEST COMMUNICATIONS tel phone service 180.61 Salaries & Adminstrative 101 '4334 US WEST COMMUNICATIONS telphone service 91.14 Administration and'General 601 .~US WEST COMMUNICATIONS telphone service 48.50 city Hall 101 I US WEST COMMUNICATIONS telephone 17.30 Sewer Lift Station 602 4334 US WEST COMMUNICATIONS telephone 17.30 Power and Pumping 601 .--- . Over Time & Callouts June 27 through July 10, 1997 Ray Bechtold Rachel Stapleton T Vacation Balance 148.00 + 0 - 8 = 140.00 07-03-97 4.00 hrs council mtg . Comp Balance 3.00 + 0 - 0 = 3.00 Comp Balance 65.50 + 6.00 -10.5= 65.50 Steven Fischer Vacation Balance 120.00 + 0 - 0 = 120.00 07-04-97 5.00 hrs holiday pay Mike Sworski 07-07-97 2.00 hrs 12 hour shift Comp Balance 7.00 + 0.00 - 2 = 5.00 Comp Balance 35.50 + 0 - 0 = 35.50 Vacation Balance 48.00 + 0 -16 = 32.00 Vacation Balance 0.00 + 0 - 0 = 0.00 Holiday Balance 0.00 +10 - 0 = 10.00 Dick Taufen Mary Generous Comp Balance 94.00 + 1 - 2 = 93.00 Vacation Balance 245.00 + 0 - 8 = 237.00 Comp Balance 86.50 + 0 - 2 = 84.50 Vacation Balance 120.00 + 0 - 0 = 120.00 Judy Weyrens Jean Gustin 07-07-97 2.75 hrs Planning Commission Comp Balance 74.00 + 0 -7.5 = 69.50 Comp Balance 87.00 + 0.00 -00 = 87.00 Vacation Bal 63.00 + 0 - 0 = 63.00 Vacation Balance 144.00 + 0 -16 = 128.00 Holiday Balance 0.00 + o - 0.00 = 0.00 Jeff Young Brad Lindgren 07-04-97 5.00 hrs holiday pay 07-04-97 5.00 hrs holiday pay 07-10-97 2.00 hrs court . 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"lUl ~ ~~ OOUl CO>-l P H:t' ~Z >-l0 0 Uly 0 C >-l '" '" "l>-l0 ~~ 00 0 H~Ul >-l 'U~ t<COO ~ :I: 00 t'l0'U 0< >-l:I: tv- ZH Z H- 00 ." 0000 00 . 000 00 ~ ' Z 0 Z~ 00 H Ul >-l 'UH f-' >< :t':S: CD H- tv 0 tl CD '" '0 w , ~ '" II H l\ ~ l\ 00 II n '" '" '" ." ~ II CD CD CD 00 II 00 II 0 0 0 Ul t< II 0 0 0 "-j .-. ..., , , . Denial Appeal- Variance Mark Ililtner The St. Joseph Planning Commission reviewed an appeal for a variance for an (8) eight foot variance on the front yard setback which was denied by the City Council. The variance would have allowed the construction of a deck. The property is zoned single family, R-l and St. Joseph Code of Ordinances require a thirty (30) foot setback along all public Right-of-ways, In re-consideration of the information presented to the City Council and Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: 1, St. Toseph Code of Ordinances 52,7 subd 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional circumstances must not be the result of actions taken by the petitioner. FindinK: The deck on a property is normally on the side yard or rear vard, but due to the corner lot, the property in question has two front yards. If this property were a typical side . yard, the setback would only be ten feet and could be fulfilled. 2. St. Toseph Code of Ordinances 52.7 subd 2(b): That the literal interpretation of the provision of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. FindinK: The property owner is requestin~ the ri~ht to construct a deck which is a permitted and acceptable use in a residential district. The deck cannot be constructed without a variance. Further, a buildin~ permit was obtained when the house was constructed at which time the patio doors were installed. Based upon these findings, the Planning Commission re-affirms their decision of June 24,1997 and requests the City Council approve the eight (8) foot variance request on the front y~ setback of the following described property: Lot 1 Block 1 Hollow Park. These findings and recommendations were re-affirmed by a vote of 5 to 0 with one abstention by the St. Joseph Planning Commission on July 7, 1997. ~dr Ul,.//?{I( S Judy Weyrens Secretary of the Commission . t , The request of Mark Hiltner for a 10 foot variance request came before the Planning . Commission at a public hearing held on June 24, 1997. The purpose of the hearing was to consider a 10 foot variance on the front yard setback to allow the construction of a patio! deck. The property is zoned single family, R-1 and St. Joseph Code of Ordinances requires a thirty foot setback along all public Right-of-ways. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: Findings: The proposed use is consistent with St. Joseph Code of Ordinances 52.7 subd 2 (b-e) Based upon these findings, the Planning Commission approval of a eight foot variance on the front yard setback of the following described property: Lot 1 Block 1 Hollow Park Addition. These findings and recommendations were approved by a vote of 6 to 0 by the St. Joseph Planning Commission on June 24, 1997. . ~4 J y Weyrens Secretary of the Planning Commission . . .: .'--..4 vrf)rt/~-rt , .-00 . LJr.1Y' ~ /' '7 t.{ ryE0 i)) c; ~lIi::t~~e~~~ ~~~~;:~ PO Box 668 IILW St. Joseph, MN 56374 V 320-363-7201 DEVELOPMENT REVIEW APPLICATION A licant: Owner: Address: Address: Conditional Use Permit Vacation of ROW/Easements \/ Variance Non-conforming Use Permit Planned Unit Development Rezoning Sign . Subdivision- TOTAL FEE $. i :;D G)t- Date fee received Date application received PETITIONER MUST PROVIDE THE FOllOWING . A list of all property owners within 350 feet of the boundaries of the property, ( This list must be obtained from the Stearns County Auditors Office) . Seventeen full size folded copies of the plans. . Payment of all associated fees must be made in full when application is made. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions, Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application, A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request, This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and th,e fee ow:er has also si d this application. rh . /~// ;; 7 /~~~ .,. (bl/;J/crZ ""-Signature of Fee Owner. . Datel . '. . PROJECT NAME: LOCATION: U ~J 2, 11 (, C'-' oY"~ Dv LEGAL DESCRIPTION: ~. 4+ l 31Ll \-l"lkw ( -- LOT SIZE: PRESENT ZONING: REQUESTED ZONING:' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: SETBACK REQUEST: <6' I "(\h't'l'J.-'lfl V d REASONS FOR REQUESJ ..(.. !x i tj -to CCMsi((j 1>a /6 to AREA REQUIRED BY REQUESTED BY VARIANCE ORDINANCE QRQIt L\t Joe REQUESTED Front Yard ~"I ;Qt rg;f Side Yard . Rear Yard Open Yard Parkinq Accessory Bldq Size Lot Coverage FINDINGS OF FACT: SPECIAL CONDITIONS: . ". -, -'.... " " "- fI , , '/~ . "'- 'q0' . ~ ~ ~~ f- r:y . ~ ..('- 'v..... , .("0 c.~ . -- -- --- -- -, . [JtcA- / / m /3/3. /~ X" ILl' OCTC/c:&/{ --- - 0 30' I , , . SCc..\e. .' SUlUEcr Lol /, ?/QC(!, /-la/low hr-t @ "Kcnnr.CT$ I I:I\GI"1:1:1\5 II':: ~lh Me, 30. PAtJIVOS[:"i ,. ,0. llo. 17 17 PROJECT ~l. Cloud, ~m ~6:lO"1717 -n r,..r(:RI" 5\.<;T\>.{fX) ?/~/90 S"(JI-oo 611.2~2,H4" &A-.<;cn-\IIS (.m O"l~ co..,,,",, N\.IYOF~ rAX 612,.:>1,1\....... 1 ~-~ .' , e Denial Appeal- Special Use AI Stelhnach The St. Joseph Planning Commission reviewed an appeal for a Special Use Permit to construct a mini storage facility which was denied by the City Council. The Special Use Permit would have allowed the construction of a mini storage facility. The property is zoned Industrial and St. Joseph Code of Ordinances require a Special Use Permit for all Industrial Uses. In re-consideration of the information presented to the City Council and Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: FindinK: 1. The Special Use Permit bein~ requested is consistent with the St. Joseph Code of Ordinances 52.8 subd a-k, standards for grantin~ a special use permit. 2. The mini storage units proposed is an extension of the storage units already constructed. 3. A site plan indicating present and future plans is attached. Based upon these findings, the Planning Commission re-affirms their decision of June . 2, 1997 and requests the City Council approve the Special Use Permit to allow the construction of a mini storage unit facility at the following described property: Lot 3 Block 1 Neu Addition. These findings and recommendations were re-affirmed by a vote of 6 to 0 by the St. Joseph Planning Commission on July 7,1997, d~~~ Judy Weyrens ry of the Commission . , The request of Ridgewood Storage, Al Stellmach and Steven Hoffman, to request a . special use permit and a variance to construct a mini storage facility came before the Planning Commission at a public hearing held on May 12, 1997 and continued on June 2, 1997, The purpose of the hearing was to consider a special use permit and a twenty foot variance on the rear yard setback in an industrial zone. Notice of this matter was , duly served and published. The property is legally described as follows: Lot 003, Block 001; Neu Addition In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: SPECIAL USE PERMIT - Approval based on: 1, The special use permit being requested is consistent with the St. Joseph Code of Ordinances 52,8 subd a-k, standards for granting special use requests. 2, The mini storage units proposed is an extension of the storage units already constructed, Based upon these findings, the Planning Commission recommends approval of the . special use permit to construct a mini storage facility, . , I ,These findings and recommendations were approved by a vote of 7 to 0 by the St. Joseph Planning Commission on May 12, 1997. VARIANCE - Denial based on: 1, The Applicant voluntarily withdrew his request and has submitted a new application requesting relief on the front yard setback. This hearing has been scheduled for July 7/ 1997. Based upon these findings, the Planning Commission recommends approval of the special use permit to construct a mini storage facility, These findings and recommendations were approved by a vote of 6 to 0 by the St. Joseph Planning Commission on June 2, 1997. ~(d'1 2Vcd<!'kcJ u Weyrens etary of the Planning Commission . -. .. , . 1'1 ~ I I G )> tJ O::J-l J::..O O::Jr ..J:) 0 ll'C ~.J:) 0 I ~-l (5l-l ~-l I ~)> Or --D \ r ,0 U-l -i (j) . (Jl II 0 0 :-1)> 11 II -i -i ;uo GO )>~ tJ-j -1-< 1 z> ) I \ I \ I . . .- .. r . The request of Ridgewood Storage, Al Stellmach and Steven Hoffman, to request a Variance to construct a mini storage facility came before the Planning Commission at a public hearing held on July 7, 1997. The purpose of the hearing was to consider a thrity (30) foot variance on the front yard setback in an Industrial Zone, The property is legally described as follows: Lot 003, Block 001 Neu Addition, In Consideration of the information presented to the Planning Commission and it application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: 1, St. Joseph Code of Ordinances 52.7 subd 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not generally apply to other properties in the same zoning district. The exceptional circumstances must not be the result of actions taken by the petitioner, Findinj(: a. The property is uniquely shaped as it is an elon:?ated trian:?le; b. Because of the redesign of the road and the placement of ditches, portions of the proposed buildin:? meet the zoning requirements. 2. The use is consistent with St. Joseph Code of Ordinances 52.7 subd 2 (b,c,e). 3. St. Joseph Code of Ordinances 52.7 subd 2(d): That the proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or . impair established property values within the surrounding area, or in any other respect impair the pubic health, safety or welfare of the residents of the City, Findinj(: The proposed building will not decrease visibility on Ridegwood Court County Road 75, Based upon these findings, the Planning Commission recommends approval of the thirty (30) foot variance to construct a mini storage facility, These findings and recommendations were approved by a vote of 6 to 0 by the St. Joseph Planning Commission July 7, 1997, atd;% dbr~ J dy eyren Secre ar of the Commission . .. _ .:. '-, :. C' :. i_ :' <; i.. ~ .0 . . - , ~ . - .. .. -- .... -. .. -- .. '.- _ '.. L..-.. ~. . .... .\'.", . . ;. '"' . .. CITY OF ST. JOSEPH . 21 First Avenue Northwest PO Box 668 St. Joseph, MN 56374 320..363~ 7201 DEVELOPI\.'1ENT REVIEW APPLICATION Applioant: Owner: ,.. Address: ddress: ,_. ~.' Tele ._// c~/ (, - ~" Conditional Use Permit Vacation of ROW/Easements -t:/: - Non-conforming Use Permit Variance Planned Unit Development Rezoning Sign Subdivision TOTALFEE$ /~a, oe; Date fee received """ f-;y.., I c; '1 Date applioation received . / PETITIONER MUST PROVIDE THE FOLLOWING . A list of afl property owners within 350 feet of the boundaries of the property, ( This list must be obtained from th$ SIMms County AUditors Office) . Seventeen full size folded copies of the plans. . PayrnMt of all associated fees must be made in full when application is made, This application must be completed in full and bE=! typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. This application should be processed In my name and I am the party whom the City should contact regarding any matter pertaining to this Elpplication. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Tilla, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application, ~~C0 ~/3"oA7 Date / . C{, ~~ ~h~7 F~~ .~~ ~~A CSignature of Fee Owner Dale ...~..... _ ~ :' 1 .- ~-. 1 .!. 1 . _~l (I .....~~!i ~111 ~r 0! JV~trtl i'AA fL. 5.:IJJbjU':;-tl f, I? , . - .-. ....; ~ . . PROJECT NAME:- LOCATION: LEGAL DESCRIPTION: l.OT SIZE: PRESENT ZONING: ---- nEQUESTED ZONING:' PRESENT LAND USE DESIGNATION: HEQUESTED LAND USE DESIGNATION: SETBACK REQUEST: REASONS fOR REQUEST: ..------ ---------- - AREA REQUIRED BY REQUESTED BY VARIANCE -- ORDINANCE ORDINANCE REQUESTED . Front Yard '-/ /') ~ ::;VI!) " Side YaJd Rear Yard Open Yard Parking Accessory BI~Jl Size __Lot Coverage FINDINGS OF t=AcT: SPECIAL CONDITIONS: . . , . . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, July 7, 1997 at 7:00 p.m. in the St. Joseph City Hall, Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Dan Nierengarten, Kurt Schneider. Council Liaison Cory Ehlert. Deputy Clerk Judy Weyrens. Others Present: Al Stellmach, Steve Hoffman, Deb Everette, Joe Bechtold, Jerome Salzer, John Schroeder, Mike Deutz, Mary Hiltner, Mark Hiltner, Len Wienner. Al Stellmach - Public Hearing, 30 foot front yard setback: Chair Klein called the hearing to order at 7:00 p.m, and stated the purpose of the hearing is to consider a thirty foot variance on the front yard setback. St. Joseph Code of Ordinances 52.21 subd 6 ral states that front yard setbacks shall not be less than 40 feet from a public right-of-way line. Variance is being requested to construct a mini-storage unit facility. The property is legally described as Lot 003; Block 001, Neu Addition. The request for Special Use and Variance has been submitted by Al Stellmach, Ridgewood Self Storage, 562 Sauk View Drive, St. Cloud MN 56303. . Al Stellmach spoke on his own behalf and presented a drawing of the property. Stellmach stated that the project has been re-designed since the last meeting, at which he was requesting a variance on the rear yard setback. The project as designed requires the granting of a thirty foot front yard setback. Stellmach stated the setback to the property is deceiving since the road has been realigned, A portion of the project area is adjacent to a ditch that was constructed when County Road 134 and Ridgewood Court were realigned, The ditch constructed is 30 feet from the property line. Additionally, while Ridgwood Court is a roadway it functions as a dead end service road to adjoining property and the proposed expansion would not decrease visibility. Stellmach also discussed the unique shape of the parcel and development constraints. Kalinowski questioned future development of the property and how the property would be landscaped, She stated that the Commission is concerned with green space and will require landscaping. Stellmach stated future plans include two additional storage facilities, He stated that he and his partner will include landscaping to include shrubs and rock with trees along the back line, Ehlert informed the Commission that the City Council denied the Special Use Permit of Al Stellmach due to lack of a plan. When a property owner requests a Special Use Permit, the City has the opportunity to impose restrictions specific to the development. Therefore, without a plan the developer could construct a facility not consistent with . City standards, Stellmach requested the Commission ask the Council to reconsider the Special Use Request. July 7, 1997 Page 1/5 Kalinowski made a motion to request the City Council reconsider the special use permit . and approve the variance requested based on the following findings: 1. St. Joseph Code of Ordinances 52.7 subd 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not generally apply to other properties in the same zoning district. The exceptional circumstances must not be the result of actions taken by the petitioner. Finding: a. The propertJj is uniquely shaped as it is an elongated triangle; b. Because of the redesign of the road and the placement of ditches, portions of the proposed building meet the zoning requirements. 2. The use is consistent with St. Joseph Code of Ordinances 52.7 subd 2 (b,c,e). 3. St. Joseph Code of Ordinances 52.7 subd 2(d): That the proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair established property values within the surrounding area, or in any other respect impair the pubic health, safety or welfare of the residents of the City. Finding: The proposed building will not decrease visibilitJj on Ridegwood Court County Road 75. The motion was seconded by Lesnick. Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert, Nays: None. Motion Carried 6:0:0 . Kalinowski made a motion re-affirming the recommendation requesting the Council grant a Special Use Permit to AI Stellmach and Steven Hoffman to construct a mini storage facility based on the revised site plan and the use is consistent with the St. Joseph Code of Ordinances. The motion was seconded by Lesnick. A yes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert, Nays: None. Motion Carried 6:0:0 The hearing was closed at 7:30 p.m, Deb Everette: Deb Everette, 119 Cedar Street East, appeared before the Commission to discuss possible uses of her property. She is in the process of upgrading the property and questioned the Commission if the property could be used for a duplex (rental) or to house a business and rental. The Commission stated that rental is only allowed in General Business by Special Use, Klein informed Evertte that to use the property as a duplex would require a rezoning and the Comprehensive Plan does not allow for spot zoning. Those present generally agreed that the best use for the property appears to be Business and if she presented a plan for the property they would agree to conduct a hearing for a Special Use Permit to allow one rental unit. Everette also discussed recent remodeling projects and contacts with the Building Official. She questioned the Planning Commission as to the Building Code . requirements at which the Commission clarified they cannot interpret the State Building July 7, 1997 Page 2/5 . < < . Code and she would need to work with the Building Official, Comprehensive Plan: Klein opened the floor for any discussion regarding the proposed Comprehensive Plan, Joe Bechtold, St. Joseph Township, stated the Plan has greatly improved since the first draft. Kalinowski reported that reviewed and recommended changes to include "City" where "Planning Commission" is listed as well as adding the 1997 Variances and Special Uses to the table in the plan. She also noted a few typo graphical errors which she has corrected. Kalinowski reiterated that the Comp Plan includes all the information from the Star City and recommendations from the first public hearing, The Commission stated that additional input will be sought from the St. Joseph Chamber of Commerce on July 15, 1997 and at the City Council meeting on July 17, 1997. Mark Hiltner - Variance Appeal: Hilter appeared before the Commission requesting review of the front yard variance recommended by the Planning Commission and denied by the City Council. Hiltner stated that he contacted the Mayor and questioned him as to why the variance was denied, at which he stated that he was recommended by the City Attorney to do such. The Council reviewed the letter from the City Attorney and agreed that the letter did not contain specific information with regard to the Hiltner Variance request. Therefore, after reviewing the letter from the City Attorney and finding no mention of the Variance request for Mark Hilter, Kalinowski . made a motion re-affirming the recommendation of the Planning Commission and requesting the City Council grant Mark Hiltner an eight foot variance on the front yard setback, based on the following findings: 1, St. Joseph Code of Ordinances 52.7 subd 2(a): That there are exceptional or extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. The exceptional circumstances must not be the result of actions taken by the petitioner, Finding: The deck on a property is normally on the side yard or rear yard, but due to the corner lot, the property in question has two front yards. If this property were a typical side yard, the setback would only be ten feet and could be fulfilled, 2. St. Joseph Code of Ordinances 52.7 subd 2(b): That the literal interpretation of the provision of this Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Finding: The property moner is requesting the right to construct a deck which is a permitted and acceptable use in a residential district. The deck cannot be constructed without a variance. Further, a building permit was obtained when the house was constructed at which time the patio doors were installed. The motion was seconded by Lesnick. A yes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider. Nays: None. Abstain: EWert Motion Carried 5:0:1 . Mike Deutz - Building Proposal: Mike Deutz appeared before the Commission to July 7, 1997 Page 3/5 discuss the possible construction of a car wash and office building. He stated he has . recently purchased the rental property on the comer of Birch Street and College A venue South. The proposal includes the demolition of the house and construction of a touchless car wash for St. Joseph Gas & Bait and an office building to be used by St. Joe Gas and Bait and possibly one additional tenant. He stated that he contacted the Economic Development Director who reviewed the plans and advised him to appear before the Planning Commission. St. Joseph Code of Ordinances requires a special use permit for a car wash. Deutz stated that the General Contractor will be John Meyer, DM Building. When questioned about the ingress/ egress to the property, Deutz stated that he will be contacting the County Engineer, Doug Weishaar, to receive plan approval before the public hearing. Deutz stated that he will design the project to meet the requirements of the County, Commissioners agreed to schedule the hearing for August, provided the City Offices receive the necessary paperwork. Len Wiener - Discussion on building uses: Len Wiener appeared before the Commission to discuss possible uses for the property owned by Russell Pickus, along County Road 75 (the former location of the Krebsbach Bulk Tanks). He is considering purchasing the property and would like to temporarily use the property to store "seasonal toys" such as RV and Boats. The Commission informed Wiener that the Commission has recommended a Land Use Moratorium and will not consider any uses until the City Council acts on the recommendation. Further, they did not feel that outside storage is the best use for the property and would be inconsistent with both the Comprehensive Plan and Code of Ordinances, Wiener stated that some uses he is . considering in the future are a mini golf course, motel, hotel or a nursery. A t this time he is requesting no action. Minutes: Lesnick made a motion to approve the minutes of May 12, June 2, and June 22, 1997 with corrections; seconded by Kalinowski, Ayes: Klein, Kalinowski, Lesnick, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 Council Liaison Report Variance/Special Use Denial: Ehlert reported that the Council has denied the variance request of Leander Zipp based on information from the City Attorney. He stated that concern was expressed that Zipp does not have the property required to add additional storage space and allowing such would set precedence, The variance request of Leon Hoffman was approved because his property did not exceed the eight (8) percent maximum coverage. Ehlert reinforced that the Council wishes to work with the Commissions and Boards, but based on information received from the City Attorney they made a decision contrary to the Planning Commission. The reversing of the decision is not an indication of lack of support from the Council. . July 7, 1997 Page 4/5 ~ , . . The Commission discussed the July 22, 1997 joint meeting of the City Council and Planning Commission and the importance of the meeting. The agenda for the meeting will include discussion of the Future Land Use Map for the Comprehensive Plan and discussion on ways to improve communication between the City Council and Planning Commission. Adiourn: Lesnick made a motion to adjourn at 9:40 p.m.; seconded by Nierengarten. A yes: Klein, Kalinowski, Lesnick, Nierengarten, S~hneider, Ehlert. Nays: None, Motion Carried 6:0:0 ~d7'~ dy Weyrens Deputy Clerk . July 7,1997 Page 5/5 . .. " '" , . City of St. Joseph Position Description Position Title: Economic Development Director Department: Administration FLSA Status: Exempt Position Obiective To plan, organize, coordinate economic and community development plans, programs, and services. Duties and Responsibilities Community Development: . Provides coordination of various organizations to assist with the City's community development projects . . Manage City's community development activities and provide guidance to community development programs and services . Develops filnding proposals for community development, including the preparation of grant and loan applications . Assists in developing short and long term plans for community development (Le. Comprehensive Plan) . Serves as a resource to the Planning Commission in matters involving land use permits, subdivision plats, annexation, and land development; also provides written and/or oral recommendations as needed . Evaluates land use proposals; checks conformity to existing land use regulations and makes written and/or oral recommendations as needed . Other activities as they relate to the City's community development efforts Economic Development: . Guides and manages the development of land for economic development activities . Assists in the development of short and long term plans for economic development . Creates and maintains a comprehensive inventory of available buildings, sites, funding . sources and other resources needed to promote economic development for the City ... . , . . Become an active participant in area organizations that assist with economic development activities, hands on approach . Development, manage and distribute promotional material for economic development for the City . Manage and promote the City's Revolving Loan Fund and Assistance Program and assure compliance with set policies of the program as established by the EDA Board . Monitors City, County, State, and Federal legislation and regulations impacting economic and community development activities, providing such information to the EDA Board . Develops funding proposals for economic development, including the preparation of grant and loan applications . Evaluates land use proposals as they relate to economic development; checks conformity to existing land use regulations and makes written and/or oral recommendations as needed . Other activities as they relate to economic development General: . Ensures the maintenance of accurate and complete records of department activities (Le, Workplan Report) . . Prepares and administers annual EDA operating budget . SeNes as a resource for the Planning Commission, City Council, and EDA Board . Acts as the contact person for the community regarding community and economic development activities . Attendance at the EDA Board meetings and other City functions as required . Coordination with other City and St. Joseph Township departments as development activities occur (Le, Annexation) . Other duties as assigned or apparent Essential Knowled~e, Skills, and Abilities Communications: Must have the ability to actively list to others for understanding of their needs and situations; ability to speak and write English clearly. Must be able to assertively control conversations in order to quickly and accurately gather pertinent information, and forward that information professionally and precisely to the proper recipient. Be able to read and understand correspondence, memoranda and directives, . 'I ~ >_.. , , . Decision Makina: Must act in a decisive manner, using good judgment. Must be able to assess problems and situations and able to anticipate needs and evaluate alternatives. Must be able to effectively interpret the policies and objectives of the department. Must be able to evaluate community/economic development material and make sound recommendations based on factual data. /ntemersonal and Professional Relationships: Must be consistent in dealing with people; must be sensitive to others problems and concerns without direct involvement, must exclude personal biases from work performance; must have the ability to accept criticism and/or discipline; must have tact and diplomacy; must strive to promote a cooperative atmosphere in the department; must have a positive attitude. Be active in professional organizations that will provide assistance and resources to the community for economic and community development. Professional Attitude: Must have commitment to the EDA Board, City and department; willingness to take initiative; dependability; maturity in relations with others; and self confidence, Must represent the EDA Board, City and department to other agencies, staff, and citizens with a courteous, helpful and business-like attitude in all telephone and personal contact. Must be able to assist customers with questions relating to community and economic development. Must be able to make . recommendations based on existing policy, community attitude and budget constraints. Qualitv of Work: Must be able to produce quality, accurate work. Must be able to detect and correct errors, Must be able to utilize work time properly and productively, Must be able to make sound recommendations to appropriate committees/commissions that would not cause undue hardship to the City. Technical Knowledae: Must have knowledge of community and economic development, planning and zoning, grant and loan preparation, public presentations and other related skills. Must have ability to interpret the City's Comprehensive Plan, zoning and subdivision ordinances, EDA guidelines and budgetary administration. Phvsical Abilities: Must have the ability to read and discern visual images on a variety of media. Must have the ability to operate a computer. Minimum Trainina and Experience: Bachelor's Degree in Public Administration, Economic Development, Business, Urban Studies, Planning, Geography or related field and four (4) years of EDA and/or planning experience, Desirable Trainina and Experience: Master's Degree in Economic Development, Urban Studies, Planning, Geography or related field and two (2) years of EDA and/or planning experience, Extent of Supervision or Guidance Provided: . Works under the direction of the Economic Development Authority (EDA). The Director shall maintain an open interface with other City boards and commissions, The Director will have the responsibility to make day to day operating decisions of the department. .. . Responsibilitv for Public Contact: The Director will be responsible for a high level of public visibility. The Director will maintain an effective working relationship with other City employees, civic organizations and the general public. Supervision of Emp/ovees: Supervises interns and other support staff as assigned. Position Description Approved: By EDA Board Chair Date By Mayor, City of St. Joseph Date . Jobdescr.doc ---6/24/97 . - . REVISED DRAFT 7-03-97 ~ . JOINT POWERS AGREEMENT ST. CLOUD AREA JOINT PLANNING PROJECT 1 THIS AGREEMENT, made and entered into on this _ day of ,1997, 2 between the undersigned governmental units located in the Counties of Steams, Sherburne and 3 Benton, State of Minnesota, 4 WITNESSETH: 5 WHEREAS, there is a demonstrated need for mutual understanding and cooperation 6 between the undersigned governmental units to implement the Community-Based Planning Act 7 as embodied in Minnesota Statutes _, Chapter _, Subd. _; 8 WHEREAS, there is a demonstrated need for mutual understanding and cooperation 9 between the undersigned governmental units in planning for urban growth in areas which they 10 govern; , WHEREAS, Minnesota Statutes 471.59 authorizes two or more governmental units to 12 enter into an agreement for the cooperative exercise of delegable powers; 13 WHEREAS, the respective members hereto, being desirous of joining together in an 14 association to be named "St. Cloud Joint Planning Project" for the purposes hereafter set out; 15 WHEREAS, there is a need to create or designate an organization to continue the St. 16 Cloud Area Joint Planning District program. 17 NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions 18 herein agreed, the parties agree as follows: 19 ARTICLE I. Purpose of Agreement 20 The purpose of this agreement is to create a St. Cloud Area Joint Planning District Plan . 1 . 1 and to participate in and comply with requirements for the joint planning contained in Minnesota . 2 Statutes _, Chapter _, Subd. _ related to planning and urban growth for the Planning 3 Area. 4 ARTICLE II. Organization 5 1. The St. Cloud Area Joint Planning District shall be divided into two project areas. 6 The St. Cloud Urban Growth Project Area and the balance of the District outside the St. Cloud 7 Urban Growth Project Area. Both projects shall be coordinated by the St. Cloud Area Joint 8 Planning District Board. 9 2. The membership of St. Cloud Area Joint Planning District Board (the Board) shall 10 consist of the parties signing this Agreement. Voting memberships who shall be elected officials, 11 are available to the cities of St. Cloud, St. Joseph, Waite Park, Sartell, Sauk Rapids, and the . 12 counties of Benton, Sherburne, and Stearns. 13 3. V oting membership shall be as follows: 14 A. Sherburne, Benton & Steams Counties - 1 vote each. 15 B. Sauk Rapids, Waite Park, Sartell & St. Joseph - 1 vote each. 16 C. City of St. Cloud - 2 votes. 17 4. Representatives are to be selected by the member units to serve on the Board and 18 are to be certified to the Board within two weeks after member units of government have ratified 19 this agreement. 20 5. Operating funds will be obtained by a grant from the Minnesota Office of 21 Strategic and Long-Range Planning. . 2 . ~ , . . 6. If a representative misses three consecutive meetings without prior notification, 2 that representative will be considered to have resigned, subject to reappointment. Prior to final 3 action on this implied resignation, the Board Chair will notify the principal elected official of the 4 affected organization in writing and request a written statement concerning the status of this 5 representative. One month will be allowed for the written reply. The Board will have final 6 authority to dismiss a member who will be replaced in accordance with Article II, Section 2 & 3 7 of this agreement. 8 A. OFFICERS 9 1. The officers of the Board shall be Chair, Vice-Chair, Secretary, and Treasurer. 10 All officers shall be elected and serve until the planning project is completed. 11 B. MEETINGS . 1. Regular meetings of the full Board will be held on the of the 13 Meetings will start at , or as scheduled by the Board, at the meeting place designated 14 by the Board. 15 2. A special meeting may be called by the Chair of the Board for urgent business 16 with notification to the members by telephone. At least one member of each unit must be 17 contacted personally for such a meeting to be valid. 18 3. Special meetings may also be called by members of the Board. A written petition 19 signed by 1/3 of the representatives and presented to the secretary seven days before the requested 20 date for a special meeting will constitute the call for such special meeting. 21 4. The secretary will give all members written notice of all regular meetings at least 22 five days in advance. The secretary will also send a written copy of the agenda to each member . 3 . 1 three days in advance of a meeting. In the case of a special meeting, the secretary will give . 2 reasonable notice to the members of the time and agenda of the special meeting. 3 5. All meetings shall be subject to and comply with the Minnesota Open Meeting 4 Law. 5 C. RULES 6 1. Robert Rules of Order, as amended by local rules, shall govern the conduct of all 7 meetings. 8 D. AGENDA 9 1. Any proposal for inclusion in the agenda must be given to the Chair eight days in 10 advance of Board meetings. Any proposal given to the Chair in writing, within the required time 11 period, by a member, will be included in the agenda. Any other agenda item may only be 12 considered at a regular meeting if approved by a majority of the members present. . 13 E. VOTING 14 1. V oting privileges will be allowed to the authorized representatives of the 15 jurisdiction listed in Article II, Section I. 16 F. QUORUM 17 1. A quorum will consist of 6 voting members. The Board cannot conduct business 18 at a duly called meeting without a quorum of the representatives present. 19 G. AMENDMENTS 20 1. The joint powers agreement of the St. Cloud Area Joint Planning District may be 21 amended by ratification of all member units. 22 H. TECHNICAL ADVISORY COMMITTEE . 4 . ~ . . 1. The Board will establish a Technical Advisory Committee to advise on the technical 2 aspect of creating and implementing a St. Cloud Area Joint Planning District Plan. 3 I. PUBLIC PARTICIPATION 4 1. Public participation in the St. Cloud Area Joint Planning District project shall be 5 identified in its planning process. 6 J. PROJECT ADMINISTRATION 7 1. The administrative and fiscal agent(s) of the St. Cloud Area Joint Planning District 8 project shall be the County of Stearns. 9 ARTICLE III. Powers and Duties 10 A. The principal functions, powers and duties of the Board shall be, in general: 11 1. To implement Community-Based Planning in the St. Cloud Area Joint . Planning District by creating a District Plan in accordance with requirements - 13 established in Minnesota Statutes _, Chapter _ for the purposes of: 14 a. establishing urban growth zones (St. Cloud Urban Growth Project 15 Area) in the St. Cloud Area Joint Planning District including the 16 determination of future urban infrastructure distribution. 17 b. assisting local government units responsible for land use planning 18 in developing policies which ensure the integrity of the District's established 19 urban growth boundaries. 20 c. coordinating with Counties of Benton, Sherburne & Steams in 21 developing community based plans throughout the balance of the District . 5 . 1 outside the Urban Growth Project Area. . 2 2. To perform other duties which may lawfully be assigned to it and which 3 may have a bearing on the preparation or accomplishment of Article III. 4 3. To collect, hold and disburse funds, and to make contracts as necessary to 5 accomplish its purposes for project and project related activities. 6 4. To apply for and receive State and Federal funds to accomplish its purposes 7 for the St. Cloud Area Joint Planning District project and related activities. 8 5. To recommend to all member units of government what organization 9 should be designated or created to coordinate and administer the district plan. 10 B. The Board must strictly account for all funds and reports on all receipts and 11 disbursements to granting or funding agencies and to its members. 12 Nothing in this Agreement gives the Board the power to usurp the power given to . 13 its members by the laws of Minnesota. The Board shall not have the power to regulate land use, 14 zoning, building, physical development, platting and subdivision control, and the Board shall not 15 have the authority to engage in work which may be paid through special assessments pursuant to 16 Minnesota Statutes 429. 17 ARTICLE IV. Liability of the Members 18 The liability of the members for the debts and obligations of the Board incurred as a result 19 of the proper exercise of said powers herein granted shall be apportioned among the members in 20 the same ratio as their respective voting strength in the organization. 21 ARTICLE V. Withdrawal . 6 . - . . 1 Any member may withdraw from the Project upon ninety (90) days written notice to the . Executive Director and/or Chair of the Board of its intention to do so. Withdrawal shall not entitle 2 3 the withdrawing member to funds of the Project. (What if withdrawal disqualifies the area for 4 the state funds received?) 5 ARTICLE VI. Amendments 6 This Agreement may be amended at any time by written agreement of the parties. 7 ARTICLE VII. Severability 8 If any portion of this Agreement is found to be void, unenforceable or unconstitutional, 9 or any combination of these, by a court of competent jurisdiction, the remaining portions of this 10 Agreement shall remain in effect. 11 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their . proper officer or representative. 13 . 7 , lYv. t4. ~ ..;- ~..... . .:............t)'L...'.-j.'.';: .(;t:i.A,... ..~...r-zA-... '. ...~........ ./J......... . '.. ./UAAf}'1AA/l~~Q .,...i.#tl~.~.~ C\.-~ U0.-,t.~"t... . f2,I~d ;J ('--~~ MEMORANDUM TO: City Administrator FROM: City Attorney DATE: July 7, 1997 SUBJECT: Joint Powers Agreement St. Cloud Area Planning Project - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I would suggest the following additions/changes to the j oint powers agreement which you asked me to review. . 1. Add a new section K to Article II Organization: K. EMPLOYEES Employees of the member Cities and Counties serving as members of the j oint powers board, technical advisory committee or providing project administrative services shall not be considered employees of the joint powers board for any purpose including, but not limited to, salaries, wages or other compensation or fringe benefits; worker's compensation; unemployment compensation or reemploYment insurance; retirement benefits; social security; liability insurance; keeping of personnel records and termination of employment. 2. Add a new section L to Article II Organization: L. NO PAYMENT TO ASSISTING STAFF No member shall be responsible or liable to any other member for the payment of wages or other remuneration to the other member or to the other member's employee(s), notwithstanding the fact that such employee may from time to time, pursuant to this Agreement, provide services which benefit the other. . 3. Add a new Article IV relating to indemnification: o , . ARTICLE IV. Indemnification Each member agrees to save and protect, hold harmless, defend and indemnify any other member for any and all claims, causes of actions and damages of any nature whatsoever arising from, allegedly arising from or related to the provision of services to a member pursuant to the terms of this Agreement. This agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 4. Renumber present Article IV as Article V and change title: ARTICLE V. Division of Payment Responsibility Change the second word in the first sentence "liability" to "responsibility." . 5. Add a new Article VI relating to duration: ARTICLE VI. Duration This Agreement shall remain in full force and effect until it shall be terminated in the manner provided herein. 6. Add a new Article VII relating to termination: ARTICLE VII. Termination This Agreement may be terminated by the written agreement of 2/3 of the members. Any member may petition the joint powers board to terminate this Agreement. Upon 30 day's notice in writing to the clerk of the governing body of each member, the board shall hold a hearing and upon a 2/3 vote of all members entitled to vote, the board may by resolution recommend that the Agreement be terminated. The resolution shall be submitted to the governing body of each member and if ratified by 2/3 of the governing bodies of all members within sixty (60) days, the board shall terminate this Agreement, allowing reasonable time to complete work in progress and dispose of personal property owned by the board. . Upon termination of the area joint planning effort, all property purchased or owned pursuant to this Agreement shall be sold and the proceeds thereof together with <: :" .. . / monies on hand, shall be distributed to the current members. Such distribution of assets shall be made in proportion to the total contributions by the respective members over the entire duration of this Agreement. 7. Remaining Articles (present V,VI and VII) should be renumbered. 8. I also noted that Article II G and Article VI deal with the same subject. One section should be eliminated. The numbering of the various sections is not consistent. One scheme should be selected. The question posed by the draft at the end of present Article V needs to be addressed. . . ).-- 05/15/97 [REVISOR ] CKV /01 CCRSF1905A \' , , 1 each information technology project in the agency~ , . 2 (2) the goals and objectives for each information 3 technology project that is being developed in the biennium 4 ending June 30, 1999, or that is planned for a future biennium: 5 !m! 6 (3) the agency's progress in making its information 7 technology Systems compliant with the year 2000. B Sec. 35. [INSTROCTION'TO REVISOR.] 9 The revfsor shall Ch~nge in Minnesota Statutes and 10 Minnesota Rules all references to the information policy office 011 and the government information access council to the office of 12 technology. 13 Sec. 36. [REPEALER. J 14 Minnesota Statutes 1996, sections 15.95: 15.96: 16B.40: 15 16B.41: and 16B.43, are repealed. 16 Sec. 37. [EFFECTIVE DATE.] 17 Sections 20, 21, and 23 to 28 are ~:fective the day . 18 following final enactment. 19 ARTICLE 4 20 COMMUNITY-BASED PLANNING 21 Section 1. [4A. 08) [COMMUNITY-BASED PLANNING GOALS.] 22 The goalS of community-based planning are: 23 l!l [CITIZEN PARTICIPATION\] To develop a community-based 24 plan~ing process with broad citizen participation in order to 25 build local capacity to plan for sustainable development and to 26 benefit from the insights, knowledge, and support of local 27 residents. The process mu~t include at least one citizen from 28 each affected unit of local government: 29 l!l [COOP~TION.] To.promote cooperation among communities 30 to. work towards the most ~~ficient, planned, and cost-effective 31 delivery of government se:-\'ices by, among other means, 32 facilitating cooperative agreements among adjacent communities 33 and to coordinate planning to e:. ~.?atibi1i ty of one . 34 community's development w::h de' ,pment of neighboring 35 communities: 36 111 [ECONOMIC DEVELOPMENT.] To create sustainable economic \ 102 EOt pue 14~~0~b uTv~sns ttT~ *V4* ~uamabeuvw 9E . a~~nosa~ pue bUIUUvtd ~01 paau a4~ puv '4~~0~b a~epommoooe SE o~ h~T~ede~ a~lul. s,a~v*s ;4* puv s,A~Tunmmoo v uo uOT~vonpa ~E ~Ttqnd pue 4~~easa~ ~~Oddns o~ ['NOI~~n~ ~I~and] 10tT EE ta~n*on:*se%.uT a4~ 10 s~ tE aq~ :aAO~ o~ hJeSSaOau smsTueqoam bUTPun1 aq~ uVtd pue ';oVds tE uado pue 'uol~va~oaJ 'Stooqos 'Ja*e~ '~ua~eaJ~ Ja~v~a~sv~ pue OE SJa~as 'uol*e~:odsuel~ sv qons s*soo aJn*onJ*sVJ~UT eUTpntOUT 6Z '*uamdOt;A;P ~au 10 s~soo oTwouoo; pue 'tVTOOS 'lv*uamuollAu; 8Z tln1 aq~ JO. *unooov o~ ['S~~SaANI ~I~and) T6T LZ t.sn puet 9Z o~ pa~etaJ suol~~e pue suolsl~ap tte J01 sTsvq e se ~JO~a~J1 5Z paseq-h~lunwwoo e qSltqe~sa o~ ['~NI~d 3Sn~] 1ST ~Z :atqvJlsap pue atqvI^ ^tteolwouooa EZ ~lsueJ~ ~lTqnd sa~ew.~eq~ uOlsap pue bUTUUVtd asn-puet 4cnolq~ ZZ a~e~s aq~ ~noqonoJq~ ~lsuel~ Oltqnd a*eTldoldde 10 asn pue lZ h~ltlqetleAe aq* bUTseaJouT hq aJn*~nJ~svJ1UT uOT*e~JOdsuVJ* aq~ OZ . 10 asn ~ualol11a a4~ aZTwlx~ o~ pue 'cuIUuetd UOT*v~IOdsueJ~ 61 ul 'satlqowo~ne 10 ~uawaAOW a4~ uo ue4~ Ja4*VJ 'spooe pue 8T atdoad dO ~uawa^ow aq~ uo Sno01 o~ ['NOI~Y~HOdS~~] TIT Lt la~e~s a4~ ~n04CnOJq~ cUlsnoq ato^~~a11t pue atqepJ011v 10 91 htddns a~enbape ue aAJasaJd pue aPIAOJd o~ ['~NISaOE] T9T 51 IsaoVds ~ltqnd uT A~nvaq puv s~T*a4~sav ~t paouequa pue 'sAe~ ueTJ*sapad pue atOhoTq '*TsueJ* ~ltqnd Et o~ ssaooe 'saoeds uaaJC 'culsn04 atOh~-a1Tt pue atqvpJo..v Zt '~uawdota^ap ~oedwo~ pue sasn puet paxlw 'sdnoJc acv pue amooul tt tte ;0 uOl~eJca*ul bUTpntOUl '~uamdOtaAapaJ pue ~uawdOta^;p at Ul ubTsap h~lunmwoo atqvAll 10 satdlOulJd 84* bUl~Ott01 Aq 6 sal~lunwmoo ua4~buaJ~s o~ ['N~IS3a ^~INCWWOO 3~ayAI~) TST 8 Isa~Ts teoTbotoaeqoJe pue OTJO~ST4 ~UvoT.luels pue L 'seale ~luaos 'aovds uado PU2 UOT~vaJoaJ 'J8~V~pUnOJC pue Ja~v~ 9 aoe1Jns 's~S.J01 'PU2t tVJn~tnOTJce bUTpntOUT 'saOJnosaJ s,a~v*s 5 a4~ aouequa pue 'aAJaSaJd '~oa~o:d o~ ['NOI~YAH2SNO~) 1iT t . :aPT~a~e~s q*~OJb 10 E uOl~nqTJ~slP paoueteq ~ aAalqoe ttT~ ~eq~ a~v~s aq~ ~noqcncJq~ Z saT~TUn~JOddO oTwouooa aPTAOJd pue salca~vJ~s ~uawdOtaAap t V506tJS~~ ~/~~ [ HOSIhZH] L6/St/50 U5/.L5/. I [REVISOR ] CKV/CM CCRSF1905A 1 citizens to actively participate in the development of the 2 plan. An agency that is invited to participate in the . 3 development of a local plan but declines to do so and fails to 4 participate or to provide written comments during the plan 5 development process waives the right during the office's review 6 and comment period to submit comments, except .for comments 7 concerning consistency of the plan with laws and rules 8 administered by the agency. In determining the merit of the 9 agency comment, the office shall consider the involvement of the 10 agency in the development of the plan. 11 Subd. 3. [COORDINATION.] A county that prepares a ,. 12 co~unity-based comprehensive plan shall coordinate its plan 13 with the plans of its neighbors and its constituent 14 municipalities and towns in order both to prevent its plan from 15 having an adverse impact on other jurisdictions and to 16 complement plans of other jurisdictions. The county's 17 community-based comprehensive plan must incorporate the 18 community-based comprehensive plan of any municipality or town . 19 in the county prepared in accordance with section 462.3535. A 20 county may incorporate a municipal or town community-based 21 comprehensive plan by reference. 22 Subd. 4. [JOINT PLANNING.] Onder the joint exercise of 23 powers provisions in section 471.59, a county may establish a 24 joint planning district with other counties, municipalities, and 25 towns, that are geographically contiguous, to adopt a single 26 community-based comprehensive plan for the district. The county 27 may ~elegate its authority to adopt official controls under this 28 chapter, to the board of the joint planning district. 29 Subd. 5. [REVIEW AND COMMENT.] (a) The county or joint 30 planning district shall submit its community-based comprehensive 31 plan to the office of strategic and long-range planning for 32 review. The plan is deemed approved 60 days after submittal to 33 the office, unless the office disagrees with the plan as 34 provided in paragraph (c). 35 (b) The office may not disapprove a community-based . 36 comprehensive plan if the office determines that the plan meets 105 ~OL Te~oT puv 's~Tun ~uawuJu^oc Tv~oT 'uOT~e~JodsueJ~ JO ~UaW~Jedap 9E a4~ 'h~UaCe !OJ~UO~ uOT~nTTod a4~ 'sa~JnosaJ Ja~e~ puv TToS SE . ;0 pJ80q a4~ '~uawdOTahap ~Twouo~a pue apeJ~ JO ~ua~Jvdap a4~ H 'aJn~Tn~TJC8 JO ~ua~J~ap aq~ 'sa~JnosaJ TVJn~8U JO ~uaw~J8dap EE a4~ 'ouTuueTd aouVJ-cUOT pue ~Toa~eJ~s JO a~TJJo aq~ o~ ssa~oJd ,E OUTUUVTd ahTsuaqaJdmOo pas8q-h~Tunwmoo aq~ #0 oUTuuToaq aq~ ~8 IE uahTb aq ~snw .~T~O~ ('~OI~VdI~I~~d QNV ZJI~~] 'l; 'pqns OE 'SO 'V~ uonoas 6C: uT cufUuvtd paseq-h~lunwwoo #0 StVOC aq~ q~T~ ~ua~slsuoo 51 81: ~eq* u8Td~.^T5uaqaJdmOO 8 sT uetd a^TSuaqaJdmOO pas8q-h~Tunwwoo LZ V 'uetd~^TSUa4aJdWO~ pasvq-h~Tunwwo~ e ~uawaTdwT pue ~J~aJd n o~ paoi~~ooua sT h~unoo qoe~ ['~NSD] ''[ UOTST^IPqnS sc: ('~~I~d ~SVg-^~INnWWO~] (c:tZ:'~6t] 'S 'oas ~c: 'Lt't6t o~ tl;'~6E EZ suoT~oas ~c SUOTSThOJd a~~ Japun pa~dope STOJ~UOO Te101JJo JO; C:C: sTseq aq~ .q ~5nw ~~~~& aoueuTPJo lq pa~dope uaq~ SUVTd JO u~ld T, ahTsuaqa.zdlloo V 'ueTd ah1suaqaJdmoo V 'aouvuTPJO lq ~dopv ~ue OC: aJedaJd o~ ~~TJoq~ne pue Ja~od aq~ svq aA~~-;;~~a pJ80q aq~ 6L . ('~d ahIS~dHO~] El;.t6E aT :pvaJ o~ papuawe L! 5T 'tt'~6t uOT~oas '966t sa~n~8~S v~osauaTW . ~ 'oas 9T 't uOTsTATpqns 'l;tZ:'~6t uOT~oas st uT paalnbaJ se 'u8td sl^~unoo 8 o~uT pa~vJOdJOOUT aJe ~eq~ H su~o~ pue I.T~T!edTOTUnw JO SUV!d aATSUa4aJdmOO paseq-h~Tunwwoo n a~~ cUTpnTou1 'saT~unoo 4.' - l~J8daJd SU8td aATsuaqaJQmoo n paseq-X~ Tunwwoo uo ~uawmoo pu~ .':,aTAaJ t"[llqS aOH~O aq~ n ['uawwo~ QNV MSu:nI Wl'Id] [Orn] . E . o.s at 'SO'Vt uOT~oas uT steoc bUTUUlltd p;Sllq-h~Tunwmoo aq~ ~aaw 6 o~ Suetd aATsuaqaJdwOO JTaq~ CUTJvd.Jd uT aoull~sTssv t8TouvuT; a pue tVoTuqoa~ 5~UaWUJaAOC teOO! apTAOJd ttllql ;oT;;o aq~ L ['~~NV~SISSV ~INE03~] [60'Yt] 'Z 'o.s 9 'hWOUOO. tVOOt .q~ aZT"[v~TAaJ 5 o~ saOJnosaJ "[vo01 CUTdOtaAap pUll 'houaToT;;. oUT~omoJd t 'uoT~n"["[od cUT~UahaJd 'a~sv~ CUTZTWTuTW hq aWT~ JaAO uOT~oun; t . o~ ^~T,,[Tqe slaJn~eu cUTuTe~uTew atTq~ s~uapTsaJ tte JO~ a~Tt ~o l; ^~Ttenb Ja~~aq e apThOJd o~ ['~N3Hd~a ~~g'fNIV~sasJ T!tT t VS06USlC~ WO/tu!~ [ liOSI~] L6/St/SO 05/15/97 {REVISOR ] CKV/CM CCRSF1.905A 1 the requirements of this section. . .2 (c) I~ the office disagrees with a co~unity-based 3 comprehensive plan or any elements of the plan, the office shall 4 notify the county or district in writing of the plan 5 deficiencies and SugQested changes. Upon receipt of the 6 office's written comments, the county or district has 60 days to 7 revise the community-based comprehensive plan and resubmi~ it ..: 8 the office for reconsideration. 9 (d) If the county or district refuses to revise the plan or 10 the office disagrees with the revised plan, th~ office shall 11 within 60 days notify the county or di~ ....:-ict that it wishes to 12 initiate the dispute resolution process in chapter 572A. 13 (e) Within 30 days of notice from the office, the county or 14 joint planning district shall notify the office of its intent to 15 enter the dispute resolution process. If the county or district 16 refuses to enter the dispute resolution process, the county or 17 district shall refund any state grant received for . 18 community-based planning activities through the office. 19 Subd. 6. (PLANOPDATE.] The county board, or the board of 20 the joint planning district, shall review and update the 21 community-based comprehensive plan periodicallY, but at least 22 every ten years, and submit the updated plan to the office of 23 strategic and long-range planning for review and comment. 24 Subd. 7. {NO MANDAMUS PROCEEDING.] A mandamus proceeding 25 may not be instituted against a county under this section to 26 require the county to conform its community-based comprehensiv~ 27 plan to be consistent with the community-based planning goals in 28 section 4A.08. 29 Subd. 8. (PLANNING AUTHORIT~.] Nothing in this section 30 shall be construed to prohibit or limit a county's authority t~ 31 prepare and adopt a comprehensive pl.an and official controls 32 under this chapter. 33 Sec. 6. Minnesota Statutes 1996, section 394.24, 34 subdivision 1, is amended to read: - 35 Subdivision 1. [ADOPTED BY ORDINANCE.) Official controls - 36 which shall further the purpose and objectives of the 106 Lot aA1~~adsoJd e ~seaT ~e JO; puet BTQedoTaAap 10 ^tddns ~ualoT~~ns 9( . g S1 a~a~~ ~~1~~ Ul~~l~ ea~e uvqJn ue puno~e vaJe pat~T~uapl a~~ SE: sueaw "eaJe ~~~OJO uvqJO. [.~ ~~D ~] '8T 'pqnS H :pvaJ o~ UOlsT^lpqns v 6UTPpv hq papu~ (E sT '~SE'~9~ uOl~~as '966T sa~n~v~s v~ossuttlW · 6 . oss ~E '~uamdotaAap JO] sal~lsu.P pasodoJd aq~ apntouT OBTe ^~ UVtd tE asn pue! 'Ii 'sasn qons ;0 uOl~eulqmoo ^UV 10 sasn oltqndlmas 10 O~ ~ltqnd 'teTl~snpuT 'tvloJammoo 'tVi~uaplsal sv q~ns 'sasn PUVT 6e: ]0 sadh~ ol]TOads JO seale oT1Toads 6uT~oqs UVTd paZTtvToads e Be: se TTa~ se ^~TTedioTunw alT~ua aq~ JO] sasn ;0 sadh~ 6Ul~vu61sap L~ uetd e sapntoul mJa~ aq~ '^~JadOJd OTtqnd puv a~e^TJd n ]0 ~uamdo'[aAap aln~n1 aq~ CUTPinc JO] SMVlDold UOT~oe pue S~ 'sdew pue 'spJ~pue~s 'ste06 's~uama~v~s AOTtod ;0 uOT~etTdwoo t>~ v suvaw "UVtd 9sn PUV'1N ['tN'Id aso awn] '9 'pqns E~ :pval o~ papuamv sT '9 UOTST^rpqns c:c: '~SE'Z9~ uOl~oas '9661 sa~n~e~s e~osauuTW ' 8 . oas t~ '^~iunwmoo a~~ 10 ~uawdotaAap aln~n1 aq~ JO] suoT~epuawmooal OC: . s.houa6v 6UTUUVtd a~~ s~uasaldaJ uv'[d aATsuaqaJdwoo 6t V 'uoT~noaxa uvtd JO~ suoT~vpuawmooaJ pue 'uvtd UOT~V~JodsUVJ~ Bt v 'UVTd saT~TtToe1 ^~TunWWOo v '~uaWdOta^8p JO~ saT~Tsuap Lt pasodoJd 6ulPntoul 'uetd asn puet e 'SpJepuv~s 'ste06 'saToTTod 9l: ]0 s~uaUl.qv~s :6ul~OttO] aq~ 'O~ pa~TmTt ~OU sT ~nq 'apntouT st A~ pue 'tt>T'S9t> o~ SEt'S9t> suoT~oas o~ ~uvnsJnd ~u8wdotaAap H aoeds punoJcJapun pauTw JO] AJeSSaOau seale .ov~~nsqns n pUV aoeds .tTv 6uTpnt~UT 'SuolTAua s~T puv ^~T!vdToTunw n aq~ 10 'Oltqnd puv a~vATld q~oq '~u.mdO!aAap oTmouooa n pue tVTOOS 'teoTs^~d .q~ DUTPTno .%0; sdvm pUe 'SP%VPUV~S ot 'sreoD 's~uama~v~s hOTrod 10 uOT~etTdwoo v suvam .uvtd tvdTOTunm S aATsuaqaJdmo;:)w [ , tN'Id 'IVdI:JINIDl aAIS~4iHO:J] 'S 'pqns 8 :pval o~ papuamv IT'S UOTsT^Tpqns L 'ZS('Z9t> uOT~oas '966'[ sa~n~e~s v~osauuTW . L . oas 9 'uetd a^TSuaq.ldwo~ aq~ q~T~ ~u.~stsuoo ~uaWdOtaAapaJ 5 pue ~uaWdOtaAap paDe~s puv 'At.%apJO 'pauuetd 8JnSUa t> -- o~ StOJ~UOO tVToT1Jo JO uOT~dope aq~ 10 aouaneas puv oUTwT~ a4~ E - J01 sauT'[apTnc apTAo.%d ~snw avtd aATsuaqaJdwoo aq~ 'aoueUTP.zo .z hq pa~dope aq ttvqs 10aJa4~ S~led puv uvtd ahTsu9qaldmoo '[ VSOSt.iS~:l lO/l\){:l ( ~OSIl\31i] L6/St/SO 05/15/97 [REVISOR ) CKV/CM CCRSF190SA 1 20-year period, based_.:':1 demographic forecasts and the time . 2 reasonably required t~ effectively provide municipal services to 3 the id~ntified area. 4 Sec. 10. [462.3535) [COMMUNITY-BASED PLANNING.] 5 Subdi vision 1. [GENERAL.] Each municipality is encouraged 6 to ~repare and implement a community-based comprehensive 7 municipal plan. A community-based comprehensive municipal plan S is ~ comprehensive plan that is consistent with the goals of 9 community-based planning in section 4A.OS. 10 Subd. 2. [COORDINATION.] A municipality that prepares a 11 community':?<<sed comprehensive municipal plan shall coordinate 12 its plan with the plans, if any, of the county and the 13 municipality's neighbors b::.:" in order to prevent the plan from 14 having an adverse impact on "ther jurisdictions and to 15 complement the plans of other jurisdictions. The municipality 16 shall prepare its plan to be incorporated into the county's 17 community-based comprehensive plan, if the county is preparing 18 or has prepared one, and shall otherwise assist and cooperate . 19 with the county in its community-based planning. 20 Subd. 3. [JOINT PLANNING.) Under the joint exercise of 21 powers provisions in section 471.59, a municipality may 22 establish a joint planning district with other municipalities or 23 coun.t;!es that are geographically contiguous, to adopt a single 24 community-based comprehensive plan for the district. A 25 municipality may delegate its authority to adopt official 26 controls under sections 462.351 to 462.364, to the board of the 27 joint planning district. 28 Subd. 4. [CITIESf URBAN GROWTH AREAS.] (a) The 29 community-based comprehensive municipal plan for a statutory or 30 home rule charter city, and official controls to implement the 31 plan, must at a minimum, address any urban growth area 32 identified in a county plan and may establish an urban growth 33 area for the urbanized and urbanizing area. The city plan must 34 establish a staged process for boundary adjustment to include . 35 the urbanized or urbanizing area within corporate limits as th~ 36 urban growth area is developed and provided muniCipal service':. 108 60t o~ ~uens~n~ pa~eubTsap vaJe a~~ JO UOT~~TJosap tvbat a~~ h]TOa~s 9( . tle~s uOl~ntosaJ a~~ 'Aouabe Jossaoons s~T JO pJeoq lvdToTunw S( a~~ O~ uOl~nl0saJ e bUl~~lmqns Aq ~uamaaJbe U01~exauue hllapJO f'( pa~el~Obau a4~ ul pauTv~uoo SUOl~lPuOO puv UVt~ bUlouanbas EE a~~ o~ bUIPJOOOe vaJv pa~eJodJooUlun pa~euolsap a4~ ]0 s~Jed tE JO ~Je~ a~~ xauue hlJapJO hew A~lo a~~ 'Ja~~vaJa~~ 't.ouabe 1( Jossaoons S~l JO pJeoq lvdlo1unm a4~ ~~1~ pal1~ aq llv~5 OE ~uawaaJbe uOl~exauue hlJapJo a~~ 'uol~oas ST~~ Japun paAOJ~~e 6~ 51 ueld aA15Ua~aJ~woo pasvq-A~lunwmoo S,t.~lo e Ja~~ (q) 8~ 'uoHoas ST4~ a 4~1~ ~ua~slsuoo aq lle~5 uel~ pa~el~ObaUaJ a~~ 'pa~el~OOauaJ n aq eaJe ~~~OJb ueqJn pasodoJd JO palJl~uapl ue ul~~I~ S~ pa~eool seaJe pa~vJo~JOoulun bUl~oa~]e ~uamaaJoe uOT~exauue 17~ ^tJapJO bUl~slxa ue ~e~~ s~sanbaJ UMO~ JO A~lo a4~ Ja~~la ua~M E~ 'uol~oas sl~~ ~~l~.~ua~sTsuoo sl ~uawaaJbe pa~dope J01Jd a4~ ~~ Ja~~a~~ o~ pJebaJ ~no~~I~ ueld a^Tsua~aJdwoo pue UVld ~uam~sn~pe 1~ AJepunoq a~~ ]0 ~Jed se papnloul aq hew 5~UaWaaJov uOl~~xauue O~ . A1JapJO pa~dope JQIJ~ 'U~9~ pue t.~lo a4~ hq ~uawaa~be uOdn 6t 'uel~ aAlsUa4aJ~WOo s~T ul~uawaaJbe uOl~exauue hlJapJO a~~ 8T ul uodn paaJbe ueTd bUlbe~s a~~ apntoul lle~s A~lo a4~ 'eaJe Lt 4~~oJb ueqJn pal]l~uapl a~~ ul~~I~ pa~eool seaJe pa~eJOdJooulun 9T pa~vublsap o~ul saolAJaS tedlo1unw pua~xa O~ h~T1Tqe pue uJa~~ed ST ~uaWdOtaAap pa~edToT~ue t.lqeuoseaJ S~l uo paseq h~lo a~~ ]0 H 4~~OJ5 t.1JapJO a~~ JO] P01Jad Jeah-O~ ~uanbasqns a~~ JaAO ueld n bUlouanbas e sa~sltqe~sa ~e~~ uetd oUloe~s ~uam~sn~pe hJepunoq ~t e ule~uoo tte~s ~uawaaJbe a~~ 'vaJe ~~~OJb uvqJn paTJT~uaPl H a4~ Ul~~I~ pa~eoOt seaJe pa~elodlooulun pa~oa11e a~~ bUlule~uoo Ot sdl~sUMO~ a~~ ~~T~ ~UawaaJbe uOT~exauue hlJapJo uv 'h~unoo 6 a4~ ~~1~ uOl~eulpJooO uT pue ssaooJd bUluueld aATsua4aJdmoo 8 a4.~ ]0 ~Jed se 'a~enObau He~s h~To e 'ueld h~10 JO A~unoo e l. UT paT]l~uapl uaaq se~ e8JV ~~MOJ5 ueqJn ue Ja~1Y ee} ('SS3:)oHd 9 .LN:iW~s!l.C'CI\' l.lrdCINOOe ww a.tMOHD N\'inUl] '5 'pqns S 'U01~v~JOdsueJ~ 17 . pue '~uaw~eaJ~ pue uOT~oaltoo Ja~v~a~se~ 'Ja~eM 'O~ pa~lwlt E ~ou ~nq 'bulPntouT 'saolA~as ueq~n ]0 U01S1AOJd pabe~s a~~ ~ ~oJ aplAoJd ~snm uetd a4~ 'ea~e 4~MOJO ueq~n a4~ ul~~lM (q) '[ VS06tJ:SH:l~ WO/~~ [ l:IOSIt.:nrJ L.6/st/sO 05/15/97 [REVISOR J CKV/CM CCRSF190SA .1 the staging plan contained in the agreement, a map showing the . 2 new boundary and its relation to the existing city boundary, a 3 description of and schedule for extending municipal services to 4 the area, and a determination that all applicable conditions in 5 the agreement have been satisfied. Within JO days of receipt of 6 the resolution, the municipal board or its successor shall 7 review the resolution and if it finds that the terms a~d 8 conditions of the orderly annexation agreement have been met, 9 shall order the annexa tic: The boundary adjustment shall '.0 . 10 become effective upon iS5",..1ce of an order by the municipal 11 board or its successor. Th~ municipal board or its successor 12 shail caUSe copies of the lloundary ad]ustment order to be mailed 13 ~o the secretary of state, department of revenue, state 14 demographer, and the department of transportation. No further 15 proceedings under chapter 414 or 572A shall be required to 16 accomplish the boundary adjustment. This section provides the 17 sole method for annexing unincorporated land within an urban . 18 growth area, unless the parties agree otherwise. 19 (c) If a community-based comprehensive plan is updated, the 20 parties shall renegotiate the orderly annexation agreement as 21 needed to incorporate the adjustments and shall refile the 22 agreement with the municipal board or" its' successor. 23 Subd'. 6. [REVIEW BY ADJACENT MONICIPALITIESI CONFLICT 24 RESOLUTION.] Before a community-based comprehensive municipal 25 ~.. 1 is incorporated into the county's plan under section 26 3~ .232, subdivision 3, a municipality's community-based 27 comprehensive municipal plan must be coordinated with adjacent 28 municipalities within the county. As soon as practical after 29 the development of a community-based comprehensive municipal 30 plan, the municipality shall provide a copy of ~he draft plan to 31 adjacent municipalities within the county for review and 32 comment. An adjacent municipality has 30 days after receipt to 33 review the plan and submit written comments. 34 Subd. 7. [COUNTY REVIEW.] La) If a city does not plan for . 35 growth beyond its current bound a ..: .~~$, the city shall submit its 36 eommunity-based comprehensive municipal plan to the county for 110 111 bU1uue1d paseq-h~1unmmoo JO~ h~unoo .q~ WOJ~ paATaoaJ ~UeJb hue 9E . pun~aJ ~snw ~1 'ssaooJd u01~n10SaJ a~nds1P aq~ Ja~ua o~ sasn~aJ SE h~1o aq~ ~I 'uoT~nl0SaJ a~nds1P Ja~ua o~ ~ua~u1 s~1 ~O aOT~ou ~E puas 11eqs h~unoo JO h~1o .q~ 'uo1~n10SaJ .~nds1P pa~vT~Tu1 svq EE h~Jed Jaq~o aq~ ~eq~ a01~Ou bUTATaOaJ JO ShVP OE uTq~TM 'YZ~S ,E Ja~deqo u1 pauTe~uoo ssaooJd uOI~n10saJ a~ndsTP aq~ a~vT~TuT lE hew h~led laq~Ta '~UaWaaJbe O~ awoo O~ alQvun ale ^~T~ pue OE h~unoo aq~ ~u.^a aq~ UI 'UV1d pa~~TmqnsaJ v aAOJddV puv ~aTAaJ 6Z O~ shep 09 leuoT~TPpe uv aAeq 1teqs h~unoo aq~ 'h~unoo 8q~ o~ 8, uetd aq~ ~1wQnS8J pue uVld aq~ pU8~ 'Ja~1VaJaq~ 'hRm h~TO .q~ ~z 'shep 09 uTq~1~ h~1o aq~ o~ s~uammoo s~T ~Tmqns 11eqs h~unoo 9, aq~ 'ue1d aq~ aAoJdde ~ou saop h~unoo .q~ ~Ua^8 .q~ UI (0) SZ 'SO'V~ u01~oas u1 ~z pa~e~s s1eob aq~ q~T~ ~ua~sTsuoo s1 ~1 ~T uV1d h~TO 8q~ 8AOJdde EZ pue ~a1AaJ 11eqs h~unoo aq~ 'UOlslAlpqns sTq~ q~1~ aouepJoooe ZZ uT Ue1d aq~ aAoJdde pue ~aT^al 'ue1d ^~TO e ~o ~dT80aJ lZ 10 shep 09 ulq~I~ 'tt~qs h~unoo aq~ 'UOTsTA1pqn5 51q~ Japun OZ . t~AoJdde pu~ ~aI^aJ J01 h~To ~ hq pa~~Twqns UV1d aA1suaqaJdmoo 6t pas~Q-^~1unWWOo e }O h~unoo aq~ hq ~d1aoaJ uodO (q) St 'uetd a^1SuaqaJdwoo e }O ~a1AaJ ~o pOIJad a~s aq~ oU1Jnp ~t ~UaWaaJbe u01~exauue ^tJapJO hue uo s~uawmoo apTAOJ~ pue ~a1AaJ 9t hew h~unoo aq~ 'uetd s,^~unoo aq~ 0~u1 pa~eJodJoouT 51 ue1d aq~ 5t aJ01aq h~unoo aq~ hq paAOJdde puv pa~a1AaJ aq ~&nw vaJe q~~OJC ~t ueqJn pasodoJd pue ue1d 1VdToTunw aATsuaqaJdwoo p8seq-h~1unmm~0 Et pasoaoJd s,h~To aq~ 'SaTJepunoq ~U8JJnO s~T pUOh8q ,1 q~MOJb JO} suetd h~10 v ~I (e) ['1V^OHddV ~OO] 'S 'pqns 1t '~u.mmoo sl^~unoo aq~ uo 01 paseq ue1d s~1 pua~ hRm u~o~ aq~ .~O~ aq~ o~ s~uawmoo U.~~TJM 6 ~Tmqns pue UV1d aq~ MaTA.: o~ ~d1aoal J8~1V IhVP 09 seq h~unoo V 8 'ue1d h~unoo aq~ ueq~ aA1~oTJ~saJ SS81 JO q~T~ ~u.~sTsuoouT aq ~ ~ou ^~ uetd u~o~ aq~ 'EE'~6E uOT~oas uT paPTAOJd SV '~uawmoo 9 puv ~.TA.J JO; ^~unoo 8q~ o~ UV1d aq~ ~Twqn8 11vqs ~T IUV1d 5 aA1&UaqaJdwoo paseq-^~1unwmoo e saJvda:d UAO~ v 1I (q) ~ 's~uawmoo sl^~unoo aq~ uodn paseq uV1d s~T puawe ^Rm h~To E . aq~ 'h~To .q~ o~ s~uawwoo ua~~TJ~ ~Twqns pUV UV1d 8q~ MeTAa: Z O~ ~dTaoal Ja~~e shep 09 seq h~unoo V '~uawmoo pue MaTAa: t V5061~SHO~ ~/~~ ( ~OSI~] L6/5~/50 .\ 05/15/97 [REVISOR ) CKV/~ CCRSFl905A . I activities. 2 Subd. 9. [PLAN h.;)PTION.) The municipality shall adopt and 3 implement the community-based comprehensive municipal plan after . 4 the office of strategic and long-range planning has reviewed and 5 commented on the county's plan that incorporates the 6 municipality's plan. The municipality shall thereafter, where 7 it deems appro~riate, incorporate any comments made by the 8 office into its plan and adopt the plan. 9 Subd. 10. [NO MANDAMUS PROCEEDING.) A mandamus proceeding 10 may not be institut~d aQainst a municipality under this section 11 to require the municipality to conform its community-based 12 comprehensive ~1an to be consistent with the community-based 13 planning goals in section 4A.08. 14 Sec. 11. Minnesota Statutes 1996, section 462.357, 15 subdivision 2, is amended to read: 16 Subd. 2. [GENERAL REQUIREMENTS.] At any time after ..~.,. . 17 adoption of a land use plan for the municipality, the pl~ ng 18 agency, for the purpose of carrying out the policies anc. ': :Ja1s 19 of the land use plan, may prepare a proposed zoning ordinance 20 and submit it to the governing body with its recommendations for 21 adoption. Subject to the requirements of subdivisions 3, 4 and 22 5, the governing body may adopt and amend' a zoning ordinance by 23 a two-thirds vote of all its members. ir-the-eomprehefts*ve 24 m~ft*e*pa:-p=aft-*s-*ft-eeftf:i~~-w*th-the-zeft*ftg-ord*ft~~ee7-the 25 ze~~ft9-erd*ftaftee-s~persedes-the-p:a~ -~fte plan mus~ ~rovide 26 'guidelines for the timing and sequence of the adoption of 27 official controls to ensure planned, orderly, and staged 28 development and redevelopment consistent with the plan. 29 Sec. 12. [473.1455) [METROPOLITAN DEVELOPMENT GUIDE 30 GOALS. ) 31 The metropolitan council shall amend the metropolitan 32 development guide, as necessaIY' to reflect and imp~ :ment the . 33 community-based planning Qoa1s in section 4A.08. 'r' office of 34 strategic and long-range planning shall review and ~Jmment on 35 the metrop!~itan development quide. The council mav not approve 36 local comp:. lensive plans or plan amendments after July 1, 1999, 112 En pa~~W~t ~ou ~nq 'culpn10ul 'St~OC a4~ aha140e o~ asn ^~ U~O~ JO 9E . 'h~~O 'h~unoo e ~~4~ salca~~J~s pue S100~ a4~ aqlJosap (6) 5E lsaSSaOOJd cUl~~lmJaQ paSThaJ pu~ 'sasnuoq ^*lsuap PU& ~E sar!;lalllaJ ,SJap11nq 'sma~s^s uOl~vmJO~Ul 014d&JcOac pazTJa*nawoo EE 4~T~ aou~*slsse 'a1dmexa JO~ cUTpntoUl 'SUVtd p.svq-^~Tunmwoo e:E dOtahap o~ s~uawuJaAob tVOOt JOJ Sa^T~uaoUl puamwooaJ (B) n: tDuTuUetd paseq-^*TunlllWoo JO SteOD aq~ ~uamatQ\lll OE o~ saTouace a~v~s aCVJnOoua o~ saAl*uaouT puamwooaJ (L) 6e: lSUetd 10 uo~~e~uama1~1 a4~ JO SUe1d Be: pasodoJd acUattv40 o~ asn o~ s~UaWUJahOC te001 pUR suazT~To a JO~ p04~aw uOl~n10saJ a*ndslP aAl~euJa~te ue puawmooaJ (9) 9~ :SU01~OlpS1Jn~ ~i5Ot 5e: CUo~ SU~1d ~o uOl~eulpJooO JO~ ssaOOJd e puamwooaJ (5) f'~ :SUetd paseq-^~lunmwoo E~ uo ~uawwoo pue ~alAaJ JO~ aJnpaooJd R puawmooaJ (~) ~<= lculuue1d acueJ-CUOt pue o~ca~~J~s 1Z ~o a01110 a4~ hq uo pa*uawwoo pu~ '80'~~ u01~oas 'sa~n~~~s O~ . ~~osauuIW u1 S1~oC a4~ 4~~~ ^Oua*slsuoO JO~ pa~alAaJ aq tt1~ 61 SU~td 1.{014~ hq e1Ja~1Jo atqeJnseaw '01110ads dotahap (E) 8t lbu1UUetd paseq-^~Tunwwoo ~uawatdw~ o~ ~04 uo uo~~ewJo~ul L1 pue a01Ape ~TOltOS o~ apl~a*&~s sCUl~aaw Pt04 (e:) 9t lSSaOOJd S1 cU1uue1d a4~ ~o oUluuTbaq a4~ WOJ1 cU1Uuetd paseq-h~Tunmwoo n uT suaz1~To aAtoAuT o~ SSaOOJd tapow e dotaAap (t) n - ___O._ : nel.{s Hounoo e:1 ^JOST^pe al.{.L 'cu~UUetd pasvq-^~lunmwoo ~u.mat~l o~ ~JO~8mvJ] 11 a4~ 0* bUT~vtaJ uOlsa8s _AT*etsloat 866t al.{~ JO; U01*Vt~Tb_t 01 asOdoJQ t1vl.{s tlounoo ^JOS1AP~ a4.L ('S~I.r.aa] .~ 'pqnS 6 'SUVtd -4~ ~uamatQml B o~ StOO~ pu~ saAl~u.oul a4~ pUV OUIUUV1d pasvq-^~1unmwoo L JO~ ~Jo~a~J~ a4~ ;0 ~uamdOtaAap puv uOlssnoslP JO~ mnJo] 9 e aP1hoJd o~ P-4s11qv~s_ sl oU1UUVtd pasvq-^~lunmmOo uo tTounoo 5 hJoSl^pe UV ['~SO~d :.LN3WBSI~SV.LS~] '1 UOlsl^lpqns f' . ['ONI~d ~SYE-X.LlROWWO~ NO ~I~NQO~ XHOSLhOVl 'n 'oas E 'ouIUURtQ abUVJ-cU01 puv 01b.~RJ*S ~o aOl;;o a4~ ]0 s~u.wmoo <= a4~ paJaplsuoo pUR paATaoaJ sel.{ t10unoo uR~11oaOJ~.m al.{~ 11*un t ~506"[JSH~~ WO/!Ui~ [ HOSlh:ni] L6/St/SO 05/15/97 [REVISOR ) CKV/CM CCRSF1905A . 1 to, densities, urban growth areas, purchase or transfer of 2 development rights programs, public investnH.~-: surcharges, 3 transit ~nd transit-oriented development, and zoning and other 4 official controlsJ 5 (10) recommend the time frame in which the community-based 6 p1ar.& must be completedJ 7 (11) consider the need for ongoing stewardship and 8 oversight of sustainable development initiatives and the 9 community-based planninq process: 10 (12) review and recommend changes to the community-based .11 planning framework established in this act: and 12 (13) make other recommendations to implement 13 community-based planninq as the ad~'isorv council determines 14 would be necessary or helpful in aChieving the goals. 15 Subd. 3. [MEMBERSHIP.) The advisory council consists of 18 16 votinq members who serve at the pleasure of the appointing . 17 authority as follows: 18 (1) two members of the majority caucus of the house Qf 19 representatives appointed by the speaker, and two members of the :!o minority caucus appointed by the minority leader: 21 J2) four members of the senate appointed by the 22 subcommittee on committees of the committee on rules and ~3 administration of the senate, two of whom shall be members of 24 the minority caucus: 25 (3) the director, or the director'S-designe~ If the office 26 of strategic and long-range planningJ 27 (4) three public members, at least one of whom must be 28 knowledgeable about and have experience in local government 29 issues or planning, appointed by the speaker of the house of 30 representatives: 31 (5) three public members, at least one of whom must be 32 knowledgeable about and have experience in local government . 33 issues or planning, appointed by the subcommittee on committees 34 of the committee on rules and administration of the senatel and 35 (6) three public members, at least one of whom must be 36 knowledgeable about and have experience in local government 114 51:1: U~Td a^1suaqaJdwo~ paseq-h~1unwwo~ e aJvdaJd ~snw ~~a~OJd ~OT1d 9E . ~ u1 ou!~ed10!~Jed ~O!J~S!P bU!UUeTd ~U!O~ JO ^~uno~ V SE ( 'M:Ilt.:nI ''IV.t.LlioffiOS N"nci] 'LL '~as ~E 'TZ o~ LT su01~~as U! pa!~!oa~s sv s~~a~oJd EE ~OT!d oUluU~Td asn PUVT aA!SuaqaJdwoO pasvq-h~1unwmo~ qS!tqv~sa ZE TT~qs oU~UU~Td a6u~J-oUOT puv ~~ba~eJ~s 10 a~~110 aq~ TE ['a3BSI~gv~S~ s~o~rOHci ~Ici] .9't 'oas OE 'uo~6u~qsvM puv '~~OoS 'hasmvH 'uldauuaB 'v~o~ea 6Z 'Ja^J~O 'v~OUV 10 sa~~unoo aq~ ul salTdde Zt uOl~oas az ( 'NOnVOI'IcicN] 'St 'oas LZ ..'~OV ou~uUVTci n pas~q-h~1unwmoou aq~ se pa~1~ aq' hVW ET o~ t su01~~as SZ ('NOI.r.V.I.IO] . H 'oas l>Z 'S661 'OE aunr saJldxa uo~~oas s1q~ ('NOI.r.VHlciXa] 'L 'pqnS f;Z 'f; UO~s~^lpqns '6S0'?1 uOl~~as 'sa~n~v~s e~osauulW hq papTAOJd ZZ se sasuadxa pue wa1P Jad aATaoaJ tTvqs sJaqwaw ' H~unoo tZ hJOs1^pe aq~ 10 sJaqwaw a~esuadwoo tteqs 6u~uuetd a6ueJ-ouot OZ . pue 016a~eJ~s ~o a01110 aq.r. ('S~sNS~] '9 'pqnS 6t .t10unoo hJOS~^pe aT aq~ o~ sanss1 teoat uo a~1^pe apl^oJd tteqs teJaUab ^auJo~~e aq.r. Lt 'tTouno~ hJOS1^pe aq~ o~ a~u~~slsse 11e~s pue a^~~eJ~sTulwpe 9't ap1^oJd 1teqs 'papaau se tTounoo ue~TtOdoJ~aw aq~ pue S1 saToua6e a~e~s Jaq~o WOJ1 aoue~s1sse q~~~ 'bUTuuvtd a6UVJ-DUOt fit pue 010a~eJ~s 10 aO~110 aq.r. ('NOI~VH.r.SINIWaY] '5 'pqns n 'J1eqo se aAJaS o~ uosJad e sJaqwaw-s~1 Duowe WOJ; ~~atas zt tteqs Tlouno~ hJOS1Ape aq~ 'bu~~aaw ~SJT] S~T ~V 't~~unoo H hJOS!^pe aq~ ~o Du~~aaw ~SJ11 aq~ aua^uoo tteqs 'a.uD~sap Ot SllO~OaJ~p aq~ JO 'bu1uuetd a6UeJ-DUOt pue 016a~e~~s 10 aOT;10 6 aq~ 10 Jo~oaJ~p aq.r. ('HIVRO IDNI.ta3W .r.SHI~] '~ 'pqns a 't~ounoo .q~ 10 ~JO~ aq~ .~v~1tloe1 L o~ aa~~~wmoo aA1~n~.x. uv WJ01 h~ t1~unoo AJOS1ApV .q.r. : 9 'sJaqwaw 0101110-xa sv aAJaS !!eqs tTouno~ UV~TtOdOJ~aw .q~ 5 10 'aauDlsap s,Jleq~ aq~ JO 'J1vq~ aq~ puv '~uaWdOta^ap ~rmouooa ~ . pue apeJ~ pue 'uOl~e~JOdSueJ~ 'aJn~tno1JbV 'sa~JnosaJ teJn~vu 10 E s~uaw~Jvdap aq~ ;0 'saau6~sap J1aq~ JO 'sJauOTSslWWOo aq.r. Z 'JouJaA06 aq~ Aq pa~u1Oddv 'DUTUUVtd JO sanssl t VS06USHO:J WO/lUi::! [ HOSI~] l.6/5t/SO . 05/15/97 [REVISOR ) CKV/CM CCRSF190SA . 1 as specified in Minnesota Statutes, section 394.232. The county 2 or joint powers board must submit the plan to the o:~ice of 3 strateQic and long-range planning within 24 months of the 4 county's or district's selection as a pilot project. The offit:e 5 shall review each plan to determine if it is consistent with the 6 community-based planning goals in Minnesota Statutes, section 7 4A.08. The office shall complete its review and comment as 8 specified in Minnesota Statutes, section 394.232, subdivision 5. 9 Sec. 18. [PLAN CONTENT.] 10 Subdivision 1- {GOALS.] The plan must address the 11 community-based planning goals in Minnesota Statutes, section 12 4A.OS. 13 Subd. 2. (MUNICIPAL AND TOWN P!.AN INCORPORATION.] The plan 14 must incorporate the communitv-base~ comprehensive plan of each 15 municipality and town in the county. Incorporation of a 16 municipal or town plan is sufficient if the county or joint . 17 powers board adopts a resolution approvina and incorporating by 18 reference the plan or any subsequent amendments to the plan. 19 Subd. 3. (ORBAN GROWTH AREAS.) The plan must identify, 20 establish, and address urban growth areas, as defined in 21 Minnesota Statutes, section 462.352, subdivision 18, within the 22 county. The land outside an urban growth'area must be zoned as 23 permanent rural or agricultural land, or other appropriate land 24 use, and must be.. maintain:: .' ..at densi ty l_!?'.'~ls consistent with - .) those uses. The- j:.lan mu~.::..:..lso ide:~~:if'Y:c-::~e density at which 26 the municipality wishes ~9 develoP. 27 Subd. 4. [EXISTING PLANS.) If the county has a previously 28 adopted plan, the county board or joint powers board shall 29 review, update, and submit to the office of strategic and 30 long-range planning a revised plan and official controls meeting 31 the requirements of this section, inCluding the community-based 32 comprehensive municipal plan for each municipality or town in . 33 the county, if any, within 24 months of the county's or 34 district's selection as a pilot project. 35 Sec. 19. (COORDINATION WITH ADJACENT COUNTIES.) 36 Before submitting the community-based comprehensive plan to 116 Lll . a~~ o~ paxauue JapJo JO Ja~~al uOl~eulwJa~ap 5lh~UaCe 9~ !OJ~UO~ U01~n!!od a~~ U! paqlJ~5ap 5e eale pa~eJOdJO~U1Un S~ a4~ aJeT~ap 'a~IAJa5 a4~ pua~xa JO aP1AoJd O~ ~~eJ~UO~ ~~ a~IAJas e CU1~e!lIWJO~ O~ aAl~eUJa~Te aq~ Ul h~ '~~e~~uo~ ~~ e a~e!nmlO~ O~ UO!~~a5 5l~~ Ul paP1AOJd pOllad hep-06 hlo~.\~e~s ZE aq~ CU1Jnp 'eale pa~elodlo~ulun ue O~ a~lAlas !e~UaWUlaAoe TE e ~~el~UO~ e qenOJq~ pua~xa lO aP!AOld O~ pallnbal eUlaq OE h~ITedl~lunw aq~ 'h~!Tedl~!unw e }O S~lWl! a~VJOdlOO CU1~S!xa 6Z a4~ apl5~no pa~e~o! eaJe pa~vlOdlooulun ue pue h~lTedl~lunw az e uaa~~aq a!qlsea~ pue hle5sa~au 51 ~~eJ~uo~ hq uOl~eladooo ~eq~ LZ uOl~~a5 slq~ Japun houace TOJ~UOO uOl~nTTod aq~ hq apvm sl laplo 9Z JO uOl~eulwJa~ap e }I ('~~I^~S ~O NOISN~~X~] 'ez 'pqns SZ :peaJ o~ uOlslAlpqns v 6uTPpe hq papuawe ~Z sl '6~'51T uOl~oas '9661 sa~n~e~s e~osauuTW 'T uOl~~as ~z ~OE 7VdI~INOW ZZ 5 ~~I~~ 1Z . '~uaw~oeua !eul} OU1MO!TO} hep aq~ a^I~~a~}a 51 a!~l~Je slq~ OZ ('~~va ahI~~~~] 'ZZ 'oas 6T 'TeAOJdde s,h~lTedl01unw a4~ ~no~~I~ UOl~~lpsTln~ S,h~T!edT01Unw 81 . e apls~no 51 ~eq~ eale q~MOJC ueqln ue aP15ul eale u~ lO} LT ue1d s~1 puawe ~ou T!eq5 pJeoq 5laMed ~ul0~ lO h~uno~ aq~ 91 (.~aN3WV NV1d NO NOI~V~IWI1] 'TZ '~as 51 'UVTd aq~ uo ~1 ~uawmo~ pue ~alAaJ JO} shep 09 pe~ se4 l~uno~ Ue~l!Odol~aw aq~ ~! Tl~un oUluueTd aeuel-CUO! puv 0Ioa~VJ~s ~o a~lJJo aq~ o~ uVld Z! s~T ~Twqns ~ou l1e~s ~oll~slP cUluUVld ~ul0~ lO h~unoo a~~ 11 'aPTne OT ~uawdolaAap s.IT~uno~ aq~ o~ uOl~vlal uT 'TT~uno~ uV~TTOdol~am 6 a~~ q~IM Ue!d 5~1 a~vulpJOO~ I1vqs valV uV~TlOdol~aw 8 aq~ o~ ~uaov~pv ~OTl~sTP cUluUVTd ~uTo~ JO h~unoo V L ('1I~NQO~NV~I10dO~ ~IM NOI~VNI~OO~] 'OZ '085 9 'UVld a~~ DUT^TaOal 5 . ]0 shep 09 uTq~IM pJeoq aq~ o~ uv!d pasOdold aq~ uo s~uawwoo ~ Ua~~IJM ~lwqns pue MaTAal lleqs saT~unoo ~uaoe~pv aq~ 'saT~unoo ~ ~ua~e~pe q~l~ ueTd s~1 a~eulPlooO Tlvqs pJvoq SlaMed ~~TO~ Z JO h~unoo aq~ 'cUTuUe!d aouel-CUO! puv oTba~vl~s }O aOTJJo' aq~ 1 V5061~sao~ ~/~~ ( HOSI~] LS/St/SO 05/15/97 [REVISOR J ClCV/CM CCRSF1905A . 1 municipality under section 414.0335. 2 Sec. 2. Minnesota Statutes 1996, section 414.032~, 3 subdivision 1, is amended to read: 4 Subdivision 1. {INITIATING '1'EE PROCEEDINf... J One or r :-e 5 townships and one or more municipalities, by joint resolution, 6 may designate an unincorpor~ted area as in need of orderly 7 annexation. Tbe joint resolution will confer jurisdiction .on 8 the board over annexations in the designated area and over the 9 various provisions in said agreement by submission of said joint 10 resolution to the executive director. The resolution shall 11 include a description of the designated area and the reasons for 12 designation. :hereafter, an annexation of any part of the 13 designated area may be initiated by: 14 (1) submitting to the executive director a resolution of lS any signatory to the joint resolution; or 16 . (2) the board of its own motion~-er . 17 t3t-as-pre.i4e4-in-seetien-4:4T933T-sae4ivis:on-ia. 18 Whenever the-pe::at:en-eentre:-a~eney-er-ether ~ state 19 agency parsaant-to-seetiens-ii5T93T-i:5T9T:T-ii5T49,-er-sfty-:sw 20 giv*ft~-a-state-ageney-s*m*:ar-pewers other than the pOllution 21 control agency, orders a municipality to extend a municipal 22 ~ervice to an area, such an order wili confer jurisdiction on 23 the Minnesota municipal board to consider designation of the 24 area for orderly annexation. 25 If a joint resolu,; .lD designates aJLarea as in need of 26 orderly annexation and states that no alteration of its stated 27 boundaries is appropriate, the board may review and comment, but 28 may not alter the boundaries. 29 If a joint resolution designat. an area as in need of 30 orderly annexation, provides for th~. .::anditions for its 31 anne:<at. ~ :)n, and states that no consideration by the board is 32 necess~ /, the board may review and comment, but shall, within . 33 30 days, order the annexation in accordance with the terms of 34 the resolution. 35 Sec. 3. Minnesota Statutes 1996, section 414.033, 36 subdivision 2b, is amended to read: 118 6H '~uamhed ~uaJall1P e o~ aaJoe lem d1qsu~0~ pa~oa11e aq~ .pue 9E . l~1Ted101unw aq~ 'paxauue se~ pueT aq~ Jeal aq~ uT Pled saxe~ SE l~JadoJd aq~ 10 ~uaoJad ua~ o~ TenDa ~unome uv 'JVah q~lTl aq~ ~E u1 pue Ipaxauuv se~ puet aq~ Jeal aq~ uT PTed saxv~ ^~JadoJd aq~ EE 10 ~uaoJad OE o~ TenDa ~unome ue 'Jeah q~JnoJ .q~ uT 4paxauue ~E se~ pueT a4~ Jeal a4~ uT PTed saxe~ l~JadoJd aq~ JO ~uaoJad 05 H o~ Tenba ~unoore ue 'Jeal PJT4~ a4~ uT !paxauuv se~ puet aq~JVah OE a4~ uT PTed saxe~ h~JadoJd ~4~ JO ~uaoJad OL o~ TVnba ~unowe 6~ ue 'Jeah puooas aq~ UT 4paxauue se~ puet a4~ Jeah aq~ uT PTed 8~ saxe~ l~JadoJd aq~ 10 ~uaoJad 06 o~ tenba ~unomv ue uT su~o~ '-' JO u~o~ pa~oaJJe a4~ o~ ~uawAed qseo e a~em ttV4S l~TtedTolunw 9~ a4~ 'paxauue se~ PUeT a4~ Jeal aq~ OU1~OtTO. Jeah ~SJTJ a4~ S~ ur 'h~TTed10Tunw aq~ o~ PTed aq TTe4s pueT paxauue a4~ uo saxe~ tT~ h~JadoJd 'Ja~leaJaq~ 'a^T~oal;a sawooaq uOT~exauue a4~ qOTq~ u1 E~ Jeal a4~ JO; su~o~ JO u~?~ pa~oaJJe a4~ o~ PTed aq o~ anuT~uoo ,~ TTe4S pueT paxauue a4~ uo aTqehed saxv~ h~JadoJd Lgc-~g~~~A~pqQ~ T, . .g I ( ~) JO I ( E ) '(,) asneTo I, U01sT^Tpqns Japun pueT n saxauue l~TtedToTunw e uaqM ('S~~ ^~~dOHd] 'n 'pqns 6t :peaJ o~ papuaore sT '~t uOTsTATpqns 8t 'EEO'~t~ u01~oas '966T sa~n~e~s e~osauuIW '5 'oas Lt 'dEOT Ja~de40 o~ ~oa~qns aq TTe4s pueT paxauue .q~ ;0 ~uawdota^ap 9L ~au hue pue 'dEOt Ja~deqo o~ WJoJuoo o~ SrOJ~UOO asn puer s~1 ST puawe JO ~dope ttV4S h~TTedToTunw aq~ '~ UOTsT^lpqns 'SO~'dEOt n uOT~oas lq papI^oJd se 'vaJe pueraJoqs e JO '~ UOTST^Tpqns n --~- 'ttt'dEOt uOT~oas hq pap1AOJd sv 'UTetdpoOTJ pa~eu6Tsap v uT4~T~ n s1 pueT a4~ puv Lgc-~g~&~A~pqQ~-.g '(E) asnvro '~ UOTsT^Tpqns H Japun ^~TTedToTunw a4~ o~ paxauuv PUVT saJvtoap h~TrvdTOTunm Ot e ua4M (,~ ~~OBS !~I~da~] 'n 'pqns 6 :pvaJ o~ papuawv ST 'tt UOTsT^Tpqns 8 'EEO'~t~ uOT~oas '966t sa~n~v~s v~osauuTW 't . oas L 'paxauue aq o~ vaJV a4~ o~ snon6T~UOO pue uTq~TM 9 sJaU~OpUeT tte o~ pue aoueUTPJO pasodoJd aq~ hq pa~oaJJe SUMO~ 5 JO UMO~ aq~ o~ ITem paT;T~Jao lq aOT~ou Ua~~TJM ,shep OE aATc t . pue OUTJeaq OTtqnd e PIoq ~snw l~TtedToTunw e L8c-~gT&TATPqQ8-~g E , ( tT ) JO '( E ) '(~) asneto " UOTsT^Tpqns Japun aoueuTpJo uv ~dopv , ^~ h~TtvdTOTunw v aJoJag ('~Ia~ ~I~] 'q~ 'pqns I VS06USH:);:) 1O/!u{;:) ( HOSIt.:n!J L6/St/SO 05/15/97 [REVISOR ) CKV/CM CCRSFl905A . 1 Sec. 6. [414.0335) [ORDERED GOVERNMENTAL SERVICE 2 EXTENSION; ANNEXATION BY ORD _ NANCE. ) 3 If a determination or order by the pollution control 4 agency, under section 115.49 or other similar statute is made, 5 that cooperation by contract is necessar.v and feasible between a 6 municipality and an unincorporated area located outside the 7 existing corporate limits of a municipality, the municipality 8 required to provide or extend through a contract a governmental 9 se:r~/ice to an unincorporated ~. '.'a, during the statutory 90-day 10 period ~rovided in section 11S.~~ to formulate a contract, may 11 in the ~}.ternative to formulating a service contract to provide 12 or extend the service, declare the unincorporated area described 13 in the pollution control agency's determination letter or order 14 annexed to the municipality by adopting an ordinance and 15 submitting it to the municipal board or its successor. The 16 municipal board or its successor may review and comment on the . 17 ordinance but shall approve the ordinance within 30 days of 18 receipt. The ordinance is final and the annexation is effective 19 on the date the municipal board or its successor approves the 20 ordinance. Thereafter, the city shall amend its comprehensive 21 plan' and official controls in accordance with chapter 462. 22 Sec. 7. [414.10) [ALTERNATIVE PROCESS OF DISPUTE 23 RESOLUTION.) 24 Subdivision 1. [DEFINITION.] For the purposes of 25 subdivision 2, a "party" or "parties'! means a property owner or 26 the governing body or town board of a jurisdiction that files an 27 initiating document or a timely objection pursuant to this 28 chapter, and the governing body or town board of the 29 jurisdiction or iurisdictions in which the subject area is 30 located. 31 SubeL 2. [CHAPTER 572A PROCESS.) As an alternative to the 32 procedure provided by this chapter, a party filing an initiatinq . 33 . document or timely objection with the municipal board may file 34 with the bureau of mediation services a written request for 35 mediation within 30 days of the filing as provided in section 36 572A. 015. The reQUest for mediation must contain the written 120 !ZT 'p~voq ~eaT~Tunw e~osauuTW '~~no~ .wa~ans aq~ wo~1 paulv~qo 9t . sanssl ~U.WU~ahOO IvOOt ~o OUTuuv!a asn pue! uT pa~Ual~vdxa St s!e~~n.u 10 ~Sl! e aPTAo~a puv sal~:vd aq~ o~ uOl~vlpaw ~E :0; ~sanba: aq~ ;0 aOT~ou ua~~T:~ aplAo:d Ttvqs saolA:as EE uOT~eTpaw ;0 nea:nq aq~ 't uOTsTATpqns uI UOl~vlP.w :0; ~sanba: 2:E e bUTATaoi: ;0 sAep ua~ ulq~IM ['NOI~VI03W] '2: 'pqns H 'uvtd iAlsuaqa:dwoo OE p.seq-h~Tunwwoo v uo uOl~oV tauTJ a 10 8hVP ot ulq~T~ :0 62: uetd ahTsuaqa:dwoo paseq-h~lunwmoo e uo uOT~oV tVUT; & o~ :ol:d 82: aWT~ hue ~e saolh:as uOT~vlpaw ;0 nea:nq aq~ q~l~ '2: UOTsIAlpqns L.2: uT paplho:d se 'uoT~elpaw :0; ~sanba: ua~~T1~ e atT; h~ 9Z h~:ed paAal~ooe ue 'ue~d asn puet aAlsuaqa~dwoo pasvq-h~lunwwoo SZ e ;0 !vAo:dde :0 '~ua~uoo '~UawdO!aAap aq~ oUlP:eoa: 'SESE'2:9~ ~2: uOl~oas :apun h~l~ e pue ^~unoo e 10 2:E2:'~6E uOT~oas ~apun tz oUTUUe!d aoue:-ouol pu~ oTba~e:~s ;0 aOT;;o aq~ pue h~unoo e 2:Z ua.~~aq a~ndsTP v ;0 ~uaAa aq~ UI ['ONI1IJ] .t uOlslAlPqnS tz . [ 'NOUVI~ 02: ls~~ndSIa ONINNV1d ZhIS~dWO~] (to''l2:loS] 't uonoas 6t NOI~a10S~ ~~OdSIa 8~ 9 ~1:>UW lot 'lo66t 't htnr aAl~oa;;a sl 6 uOl~oiS '~Uill1~OVUa 9L leuT; CUl~Otl0; hep aq~ aAT~oa;;a a:e 8 o~ t suol~oas SI ( . ~~'la aAI.L:lUn] '01 'oas H 'patvaaa: sl n - ..........:-..,~ 'e2: uOlsTAlpqns 'ttO.~t~ uOT~oas '966t sa~n~e~s e~osauuTW 2:t [ '1l3'Iv:.i d:n! ] '6 . oas H '6EO'S1 uOT~oa6 o~ OUTP:oooe 01 OUIUUV!d aouv:-ouOl pue oloa~e:~s ;0 aOl;;O aq~ o~ pa:1a;sue:~ 6 aq tlvqs :a~dvqo slq~ 1ipun saT~np pue h~T:oq~nv S~l }O Tt~-pui 8 '666~ '~t ~iqwaoaa uo a~vuTw:a~ t~vqs p:eoq tvdloTunm a~ lo [ . .L:iSN.OS awOE 'I'ld I:> IN!lH ] [U.ttt] , 8 . oas 9 ''l2:loS :a~daqo uT 68.00:d 5 uOl~ntosa: a~ndsTP .q~ asn o~ paa:ov aAvq saT~:Vd tTe ~~~ t . p:eoq aq~ bUT^JT~OU p:eoq teQToTunw .q~ q~l~ aOl~ou ua~~l:~ -II; t oSle ~snw ^~:ed oUltl; _q~ ''lZloS :a~dvqo Aq paplAo:d 66.00:d Z aq~ qono:q~ pat~~as a~ndslP aq~ aAvq o~ sal~:vd ttV 10 ~u.suoo ~ 'lS06!.a:SH:>~ WO/tJi:> [ ~OSIA:nl] lo6/St/SO , 05/15/97 [REVISOR ] C~/~ CCRSF1905A . 1 bureau of mediation services, Minnesota state bar association, 2 Benne~in county bar association, office of dispute resolution, 3 and others. Within 30 days thereafter, the affected parties 4 shall select a mediator from the list of neutrals or someone 5 ~lse acce~table to the parties and submit to mediation for a 6 period of 30 days facilitated by the bureau. If the dispute 7 remains unresolved after the close of the 30-day mediation 8 period, the bureau shall ~repare a repOrt of its recommendations 9 and transmit the repOrt within 30 days to the parties. Within 10 60 days after the date of issuance of the mediator's report, the 11 dis~ute shall be submitted to binding arbitration as provided in 12 this cha~ter. The mediator's repOrt submitted to the parties is 13 informational only and is not admissible in arbitration. 14 Sec. 2. [572A.01S) [CHAPTER 414 DISPUTES: MEDIATION.] 15 Subdivision 1. [FILING.) As provided by section 414.10, if 16 an initiatinQ document or timely Objection under chapter 414 is . 17 filed with the municipal board, the filing ~arty, jurisdiction, 18 or jurisdictions may also file a written request for mediation 19 wi:n the bureau of meciation services within 30 days of filing 20 the initiating document or timely objection. The request for 21 mediation must contain the written consent to the mediation and 22 arbitration ~rocess by all the parties, as defined in section 23 414.10, subdivision 1. 24 Subd. 2. [MEDIATION.) Within ten days of receiving a 25 requ~st for mediation, the bureau shall provide written notice 26 of the request for mediation to the parties and ~rovide a list 27 of neutrals experienced in land use planninq and local 28 government issues obtained from the su~reme court, Minnesota 29 municipal board, bureau of mediation services, Minnesota state 30 bar association, Bennepin county bar association, office of 31 dispute resolution and others. Within 30 days thereafter, the 32 affected parties, as defined in section 414.10, subdivision 1, . 33 shall select a mediator from the list of neutrals or someone 34 else acce~table to the ~arties and submit to mediation for a 35 period of 30 days facilitated by the bureau. If the dispute 36 remains unresolved after the close of the 30-day mediation 122 EZT u1 pa~&oo! 51 &a~e pa~nds1P a4~ 40T4M u1 h~Unoo a4~ ;0 9f: . ~~noo ~ol~~slP a4~ o~ ~sanba~ & ~Twqns ht~Ulo~ !tV4S S~O~&~~Tq~& Sf: a4~ 'Shep 5t uT4~TM ~o~e~~Tqlv PlT4~ a4~ ~o U01~0~ ~f: aq~ UO aalC& ~ouueo s~O~v~~!q~e aq~ ~I 'pOTlad ~UaW~UTOdde Ef: ~o~el~Tq~e hep-Of: TeT~!uT a4~ ;0 asOto a4~ ;0 shep 5t UT4~!M Z;f: 'MvTa4~ uT pau~eat aq ~snw 04M ~o~e~~Tq~v P~T4~ R ~UTOddV TTV4S tE S~O~&~~Tq~v pa~uTOddR OM~ a4~ '~ov o~ T1v~ &aT~lVd a4~ ;0 4~oq Of: :0 auo Ptn045 nva~nq a4* Aq ~o 'saT*~Vd a4* hq Taued UOT~V:*Tq~v 6Z a4~ O~ s~o~e~~Tq~e OM~ aq~ ;0 ~uaw~u!Odde ~a~1V (q) 8Z; 's~oatas ~! lo~el~Tqle LZ aq~ ~O~ sasuadxa pue saa; aq~ ~O~ atqTsuod5a~ 5T h~~ed 40ea n '10~e~~!q~e pa~uTOdde a^T~oadSa~ ~Ta4~ ~O ssalppe puv aweu a4* 5, 10 pOT~ad ~uaw~uTOddv hVP-Of: a4~ ~o asoto a4~ o~ ~oT~d nva~nq ~Z; a4~ h~T~oU !!&4S SaT~~&d a4~ 'h~~ed a4~ lO; aST- auoawos ~o 'z; EZ; UO!s!^Tpqns '5!O'~Z;LS pue ~Z; UOTST^Tpqns 'to'~,LS SUOT~oas ~apun Z;Z; s!v~~nau ~O ~ST! a4~ WO~~ ~o~e~~!q~v paT~TTenb e ~uTOddV TTe4S !, . SaO!^laS Uo!~vlpaw ;0 nea~nq a4~ 'Shep OE U14~TM ~o~vl*lqle OZ; ue ~u!Odde ~OU s~op h~led e ~I '~lOdal UOT~eTpaw a4~ ;0 6t aouenssl ~o shep Of: uTq~TM Jo~el~TqJ& paT~TTVnb auo ~UTOdde qoea 8! !Ieqs sa!~Jed aq~ (v) ( ''I~Wfd ~O oLNaW.LNIOdd'i) 'z; 'pqnS L! 'STOl~UOO uOT~oas sTq~ 'uoT~oas slq~ puv 9! ~o~ uOT~eJ~!qJ~ WJOJlun aq~ ~o SU01S1AOJd aq~ uaaM~aq ~oTTJuOO v st ;0 ~ua^a aq~ UI 'uol~oas sTq~ UT papT^o~d se ShVP 5! !VU01~TPpv H uv J01 papua~xa aq ARm P01Jad aq~ ~daoxa 'OE'Z;L5-80'Z;L5 n "--- suoT~oas '~o~ UOT~VJ~TqJ~ WJoJ1un a4~ pUV uOT~oa; sTq~ Z;t ;0 sw~a~ a4~ o~ ~uvnslnd ~JOdal u01~vTpaw a4~ JO aouenssT 10 H ShVP 09 U!4~TM u01~el~TqJv 6u1puTq o~ pa~~Twqns aq tt&41 a~ndsTP Ot a4~ 'uoT~vTpaw 10 asoto aq~ Ja~1R paAtosaJun sUl~l a~ndslP 6 & n (' NOI~VH.LIenN DNICINIE o.L 'l'VUIWE!lS] .t UOlslAlpqns 8 ('NOI~Vl:LLIenN] (Z;O'YZLS] .t 'o.S L 'u01~eJ~1qle uT aTq1ssTwpv ~ou s1 pUV hTUO t&U01~~01UT 9 sT sa1~led aq~ o~ pa~~Twqns ~lOd8l S,JO~eTpaw aq~ 'Ja~dV40 s14~ S UT papT^oJd se UOT~VJ~TqJV cUlpuTq o~ P.~~1wqns aq ttV4S .~ndstP ~ . a4~ '~JodaJ S,Jo~&lpaw a4~ 10 aouenssl ~o .~~p aq~ Ja~;e ShU~ 09 E uTq~TM 'saT~J&d a4~ o~ shep Of: Utq~!M ~JOdal aq~ ~lWSUVJ~ pUR , suol~epUaWWooaJ S~T ;0 ~lodaJ & aJ&daJd Tt~1 neaJnq aq~ 'pOTlad t ~S 0 6"[~SlO:> w:>//Ui:> ( 'ijOSI~) L5/st/so 05/:i.5/97 [REVISOR ] CKV/CM CCRSF1905A . 1 accordance with the selection proc~~ures established in section 2 572.10. Within 15 days of recei}:':.... : an a~~lication by the 3 district court, the district court shall select a neutral 4 arbitrator and notify the parties and the bureau of mediatiu~ 5 services of the name and address of the selected arbitrator. 6 The fees and expenses of the third arbitrator shall be shared 7 equally by the parties. The third appointed arbitrator ~~all 8 act as chair of the arbitration panel and shall conduct tne 9 proceedings. If the district court selects the third 10 arbitrator, the date required for first hearing the matter may 11 be extended an additional 15 days. 12 Subd . 3. [REARING.] Except as otherwise provided, within 13 60 days, the matter must be brought on for hearing in accor9ance 14 with section 572.12. 'The bureau of mediation services shaL 15 provide for the proceedings to occur in the county in which the 16 majority of the affected property is located. . 17 Subd. 4. [CONTRAC~SJ INFORMA~ION.) ~he arbitration panel 18 shall have authority to contract with regional, state, county, 19 or local planning commissions or to hire expert consultants to 20 provide specialized information and assistance. Any member of 21 the panel conducting or participating in any hearing shall have 22 the power to administer oaths and affirmations, to issue 23 subpoenas, to compel the attendance and testimony of witnesses, 24 and the production of papers, books, and documents. Any co~ '=.! 25 related to this subdivision shall be.shar~ equally by the 26 parties. 27 Subd. 5. [DE: -'3ION FACTORS.] In comprehensive planning 28 disputes, the arbitration panel shall consider the goals stated 29 in section 4A.08 and the fOllowing factors in making a 30 decision. In all other disputes ?,;'ought under this section, the 31 arbitration panel shall consider the following factors in ':~king 32 a decision: . 33 (1) present population and number of households, past 34 population, and projected popu1atio~ c:owth of the subject area 35 and adjacent units of local governmentJ 36 (2) quantity of land within the subject area and adjacent 124 S~t uo uOl~oe paSOdOld a4~ 10 ~oal1a pue d14Suol~Vtal (tt) 9E . ~d14SU~0~ SE pue '~oll~slP t0040S 'h~unoo aq~ 10 sa~el XV~ teoot aq~ puv ~E 'ssaupa~qapul papuoq ~UaSaJd a4~ pu~ h~Toedeo xe~ ~au cUlpntoul EE '~uamulaAoc teoot 10 s~lun~uaoe~pe pue 'eaJe ~oa~qna a4~ ~E 'h~ltedl01unw a4~ uo ~oedwl te0511 a4~ 10 siShteUe ue (Ot) tE ~eaJe ~oa~qns a4~ o~ SaolAJas te~UaWUJaAOC papa au OE bUIPIAOld l01 h~ltedlolunw aq~ hq SWVJOOld puv suvtd (6) 6~ ~swatqOJd .saq~ 8~ aAtOSal JO aAoJdWl o~ ^ta~lt Sl uOl~oe paSOdOJd a4~ Ja4~a4~ L~ pue swatqold te~uawuoJl^ua tei~ua~Od JO OU1~sixa (8) 9~ ~saol^JaS PiVS ;0 hJahltap a4~ uo uOi~oe 5~ pasodold a4~ 10 ~oedwl a4~ pue sal~ltioV1 teuOi~eaJoaJ pue ~~ 'SaOTAJaS a^T~eJ~sTuTwpe 'aoueua~uT~ pue s~uamahOJdwl ~aal~S E~ '~uawaol01ua ~et ~uoT~oa~oId pue CU1~VJ aJl; 'aolAJas Ja~as ~~ pue la~v~ OUTpntoUT 'eale ~oa~qns aq~ pue ^~ltedlolunw aq~ Ul t~ paPlhoJd cUlaq saolhlas te~UaWUlaAob ;0 stahat oUl~slxa (L) O~ . ~aJOlaJa4~ auoseaJ aq~ pue StOl~UOO aan 6t puvt bUl~slxa pue ~uaWdota^ap pasOdoJd uaa~~aq s.loua~slsuooul 8t ale alaq~ Ia4~aq~ pue 'tlounoo UV~ltOdoJ~aw aq~ 10 sal01tod Lt pue Suetd pue eaJV aq~ ul ~uaWdOtwhwp lOI suetd ahlsuaqaldwoo 9t CUlpntoul 'eale ~oa~qns a4~ pue ^~ltedlo1unw a4~ ul 5t paZltl~n cUlaq ^t~Uasald cU1UUVtd pUR StOl~UOO _an PUVt-r9T ~t :~uawdota^ap ^e~qclq pasOdold 6ulpntoul 'sanssi U01~e~JOdSUeJ~, Et tel~ua~od pue ~Jo~~au uOl~e~lodsueJ~~asaJd aq~ (S) ~t ~s.sn PUVt .soq~ tt uo uOT~oV pasodOJd a4~ 10 ~ovdwl a4~ pue sasn pUVt tVUOi~n*l*SUl at pue 'teJn~tnolJce 'tvlolammoo 'tvlJ*snpuT 'tvT~u.PlsaJ bU1PntoUl 6 ^*itidlolunw a4~ pue RaJR *oa~qns a4~ ul sasn pURt p_pu8*ui 8 pue 'cU1UUVtd '~uaWdOta^ap tvolsAqd ;0 UJ_**Vd *ueSaJd (~) L ~VaJR ~oa~qns -4* puv A~ltvdiolunw 9 aq~ uaa~~aq salJvpunoq aq~ ;0 ^*lnbl~UOO ;0 aaJcap (E) S ~s;;ntq IO~vm puv sa~et ISJaATJ t . se saJn*val teJn~iU qons pue 'SUOi~lPUOO tiOs ISp84SJa*R~ E JO~~ 1^4dvJcodo~ teJauab 'saJn~V81 tvolsA4d atqvzlubooaJ ~ bUlpntoul ulvJJa~ tVJn~vu puv ~~uamuJaAOb t.OOt ;0 s~lun t ~Sa6t~S~O ~/~O ( ~OSI~J L6/51/50 . . 05/15/97 [REVISOR ] CKV/CM CCRSF1905A . 1 affected and adjacent school districts and communities~ 2 ( 12) adequacy of town government to del:: '.'er services to .... 3 subject area: 4 (13) analy~is of whether necessary governmental services 5 can best be provided throuqh the proposed action or another type. 6 of boundary adjustment: and 7 (14) if only a part of a township is annexed, the ability 8 of the remainder of the township to continue or the feasibility 9 of it being incorporated separately or being annexed to another 10 municipality. 11 Any party to the proceeding may present evidence and testimony 12 on any of._::~e above factors at the hearing on the matter. 13 ~.--:. [DECISION.] The arbitrators, after a hearing on 14 the matter, shall make a decision regarding the dispute within 15 60 days and transmit an order to the parties and the office of 16 strategic and long-ranqe planning or the municipal board. . 17 Unless appealed by an aggrieved party within 30 days of receipt 18 of the arbitration panel's order by the municipal board, the 19 municipal board shall execute an order in accordance with the 20 ~ration panel's order and shall cause copies of the same to 21 be mailed to all parties entitled to mailed notice, the 22 secretary of state, the department of revenue, the state 23 demoqrapher, individual property owners if initiated in that 24 manner, the affected county auditor, and any other party of 25 record. The affected county auditor ~hall~~ecord the c~der 26 against the affected property. 27 Sec. 4. [S72A.OJ] [ARBITRATION PANEL DECISION STANDARDS.) 28 Subdivision 1. [DECISION STANDARDS.] The arbitration 29 panel, based upon the factors in section 572A.02, subdivision 5, 30 shall decide the matter based upon the decision standards in 31 subdivisions 2 to 6. 32 Subd. 2. [COMPREHENSIVE LAND USE PLANNING.) E2!. . 33 comprehensive land use planning disputes under section 462.3535, 34 if a community-based comprehensiv~ plan addresses the goals of 35 section 4A.08 and the arbitrators find that the city's projec: .!d 36 estimates found in its comprehensive plan are reasonable with 126 LZ1 JapJo heW 1aued uOl~eJ~TqJe aq~ '5 pue ( SUOlsl^Tpqns '(EO't!t 9( . lO !EO't!t uOT~~as Japun h~JadoJd pa~elodJo~ulun ~o Suol~vxauue SE JO~ ['^~~dOHd a~~VHOdHO~~INn ~O S~OI~YX3NNV] 't 'pqns t( 'uolsl~ap aq~ JO~ slseq aq~ aJe qOTq~ sJo~oe~ aq~ EE q~JO~ ~as !1eqs laued aq~ 'saseo tIe UI 'SaTJepunoq Ivdlolunm Z( JO~ saJn~ea~ 1e~lshqd a!qezluOOOaJ htJeal0 'a1qlSl^ ~O!!O~ !( o~ se os UOl~eJOdJoOUI pasodOJd aq~ ~o salJepunoq aq~ Ja~te O( os Ie hVW lauvd aq~ '~UaWUJahOO ~o ~lun Jaq~ouv hq pahJaS Ja~~aq 6Z aq h~ ~eq~ h~JadoJd apnt~xa ^~ JO 'Ja~~vJvq~ ul uvqJnqns az JO ueqJn 'awooaq o~ ~noqe sl JO ,~ou sl q~lq~ h~JadoJd ~eq~ L~ htUO apnl~ul o~ se os pa~eJodJo~UT aq o~ eaJe aq~ oUlseaJOap JO 9Z bUTSeaJOuT hq U01~eJodJCOUl pasodoJd aq~ 10 salJepunoq aq~ la~!e 5Z hew laued aq~ 'h~ltedTOlunw ~ua~e~pe ue O~ uOT~eXauue hq paAJa5 tZ Ja~~aq aq P!no~ '~1 ~o ~Jed e JO 'eaJe aq~ 1T uOT~eJodJO~UT aq~ EZ huap hew !aued aq~ ~U01~eJaP1SUO~ Japun vaJV aq~ 10 s~saJa~ul ZZ ~saq aq~ uT aq P!no~ uOT~eJodJo~UT pasodoJd aq~ (E) JO laJ~1ta~ !Z pue 'h~a1es 'q~teaq ~11qnd aq~ ~oa~oJd o~ a~enbape ~ou 51 OZ . ~UaWUJaAOO 10 WJO~ dTqsu~o~ OUT~sTxa aq~ ~vq~ (Z) !Ja~oeJvqo ul 61 ueqJnqns JO ueqJn 'awo~aq o~ ~noqe 51 JO ,~ou 51 pa~eJodJo~ul aq a! o~ h~JadoJd aq~ (!) :~eq~ spuT1 ~T ~1 uOT~eJodJo~Ul aq~ JapJo L! hew !aued uOl~eJ~lqJe aq~ 'ZO't!t uOl~~as Japun SU01~VJOdJOOUI 9! tedlolunw JO~ ('S~OI~VHO~O~~I ~dI~INnwl 'E 'pqns 5t 'JapJo 5,!aUed U01~VJ~lqJV aq~ q~T~ t! oUTdaa~ ul sT uetd h~T~ pa~~TwqnsaJ aq~ 11 ueld aq~ 10 IVhoJdde E! P!oqq~l~ h!qvuoSeaJun ~ou !teqs ^~unoo~ 'uoTsTATpqns 5Tq~ Z1 Japun !eAoJdde pue ~alAaJ JO~ h~uno~ aq~ o~ uVld .q~ ~lmqnSaJ I! pue uetd s~1 puawe JapJo aq~ ~o ~dlaoaJ ~o shep DE uTq~l~ tcvqs O! h~TO aq~ 'oU1UUetd aOUeJ-DUOt pue OToa~eJ~s _0 aOT~~o .q~-pui 6 '^~unoo 'h~To.aq~ o~ JapJo aq~ ~TmsuvJ~ pue JapJQ .q~ uT IvTuap a aq~ J01 suosvaJ aq~ a~e~s ttvqs JapJo UQT~VJ~TqJV aq~ 'UVld L aq~ huap o~ 5T JapJo aq~ 1I 'UVld aq~ ~dQPV 'J.~#vaJaq~ 'ttvqs 9 h~To aq~ 'JapJO uOT~eJ~TqJv aq~ ;0 ~dla~aJ 10 8hVP ua~ uTq~T~ 5 uvtd h~lo aq~ aAoJddv o~ h~unoo aq~ CUT~OaJTP aOT~ou uTv~uOO t . !!eqs JapJo aq~ 'uvtd aATsuaqaJdmoo pasvq-h~Tunwmoo aq~ aAoJddv E o~ sT JapJo aq~ ;I 'uvtd h~TO aq~ ~o tVAOJddv JapJo hem tauvd Z uOT~eJ~lqJe aq~ 'vaJv q~~OJO uvqJn paT~T~uapT ue o~ ~oeds.J t ~506!~S~~ ~/~~ ( HOSIhZHl L6/St/SO f . . 05/15/91 [REVISOR J CKV/CM CCRSF190SA . . 1 the annexation: (1) if it finds that the subject area is now, 2 or is about to become, urban or suburban in character1 (2) if it 3 finds that municipal government in the area proposed for 4 annexation is required to protect the public health, safety, and 5 welfare 1 or (3) if it finds that" the annexation would be in the 6 Rest interest of the subject area. If only a part of a township 7 is to be annexed, the panel shall consider whether the remainder 8 of the township can continue to carryon the functions of 9 government without undue hardShip. The panel shall deny the I 10 annexation if it finds that the increase in revenues for the 11 annexing municipality bears no reasonable relation to the 12 monetary value of benefits conferred upon the annexed area. The 13 panel may deny the annexation: (1) if it appears that 14 annexc;:. .:"on of all or a part of the property to an adjacent 15 munic...:.::lity ~,>ild better serve the interests of the residents 16 of the proper";... or (2) if the remainder of the township would . 17 suffer undue hardShip. 18 The panel may alter tht boundaries of the area to be 19 annexed by increasing or decreasing the area so as to include 20 only that property which is now or is about to become urban or 21 suburban in character or to add property of that character 22 abutting the area proposed for annexation. in order to preserve 23 or improve the symmetry of the area, or to exclude property that 24 may better be served by another unit of government. The panel 25 may also alter t~~ boundaries 0: tbe"pr~~p.dannexation so a~ 26 to follow visible, clearly recognizable physical features. If 27 the panel determines that part of the ar~8 would be better 28 served by another municipality or township, the panel may 29 initiate and approve annexation on its own motion by conducting 30 further hearings. In all cases, the arbitration panel shall set 31 forth the factors that are the basis for the decision. 32 Subd. 5. [ORDERLY ANNEXATIONS WITHIN A DESIGNATED -- 33 AREA.] For orderly annexations within a designated area under ~ 34 section 414.0325, which require a hearing, the arbitration panel 35 may order the annexation: (1) if it finds that the subject area 36 is now or is about to become urban or suburban in character and 128 6~t s~nq~ pu~ ^~lt~dlolunw a4~ 10 sal~epunoq a4~ u14~1~ 51 ^~~aao~d 9E . a4~ ~e4~ Isasod~nd tVT~~snpul ~o 'tVTo~awwoo 'tvl~uaplsa~ 5E ueq~n ~01 padOta~ap ~OU pue ~a~oe~eqo ul te~n~ Sl ~~~adO~d ~E aq~ ~e4~ Is~au~o ^~~ado~d aq~ ^q pa~el~lu1 11 u01~1~ad aq~ EE paucls aheq s~au~o ^~~ado~d 10 ~aqmnu a~lslnba~ aq~ ~eq~ SPU11 ~E ~l J1 ~uawqoe~ap a4~ ~apJo ^~ taued UOl~e~~1q~e a4~ '90'~t~ tE uOl~oas ~apun h~1ted101unm e mO~l ^~~adO~d 10 s~uaW4oe~ap OE ~o~ ('^~I~dI~INnW V wo~ ^~~dO~d ~o ~v~a] 'L 'pqnS 6~ 'uolsloap aq~ ~01 sTseq a4~ a~e ~eq~ s~0~o21 aq~ q~J01 S~ ~as rreqs tauvd uOT~e~~lqJe aq~ Isasvo trV UI 'sal~ltVdTOlunw L~ aq~ 10 s~sa~a~ul ~saq aq~ J01 aq tt1~ uOl~ep1tosuoo ~vq~ spul1 9~ ~1 11 u01~ePTtosuoo aq~ JapJo tteqs taued aq~ 'saT~TtedloTunw S~ pa~oa11e a4~ 10 s~saJa~uT ~saq aq~ uT sT ~eq~ 10 u01~eu1w~a~ap ~~ ua~~TJ~ s,taued aq~ uodn paseq suoT~epuamwooaJ pue scuTPU11 E~ s,uolsS1WWOO aq~.~oa~~J JO I^pn~s ~a4~~n1 ~o ~uawpua~ J01 ~~ u01ss1wwOO a4~ o~ UJn~u~ Ipua~ '~daooe h~ PU2 JaplSUOo t.e4S t~ taued uOl~eJ~lq~e aq~ It~O'~t~ uOl~oas ~apun suol~epltosuoo O~ . tedTolunw ~O~ ('S~I~I~dI~INnW ~o ~OI~VaI~OS~O~] '9 'pqns 6t 'UOlsloap aq~ JOl slseq aq~ ale qOlq~ sJo~oe1 aq~ 8t 4~J01 ~as tt24S taued uOl~eJ~lqJe aq~ Isaseo ttV UI 'uol~ntosaJ Lt aq~ o~ Sal~Jed pa~oa11e hq pa~~oddns sl uOl~l~ad aq~ pue SJau~o 9t ^~JadoJd S,eaJe aq~ ]0 ^~T~O~~ e ^q pa~el~1uT ST DUlpaaooJd ~au 5t aq~ s5atUn JapJo 5,P~eoq aq~ ]0 a~ep aq~ mOJ1 s~va^ O~~ uTq~T~ ~t pa~~l~TuT aq ^~ ea~e aw~s aq~ ^tt~T~ue~sqns JO u01~exauue Et aq~ JO] cU1paaooJd ou 'paluap s1 uOT~exauuv aq~ 11 ~t 'saolA~as tedTOTunm 10 paau uT aq t!T~ ~O saOTA~as tt tV~ToTunw ]0 paau u1 5T q014~ va:v pa~vuOT5ap a4~ UT4~T~ Ot h~Jado~d ~vq~ apntouT o~ sv os vaJV aq~ DUTSVaJoap ~o DUTsva~oul 6 hq uOT~vxauuv pasodo~d aq~ 10 5aflvpunoq aq~ Ja~te hem S pJeoq aq~ '~uamaa~Dv ~ul0~ aq~ ]0 U01STAOJd AU. q~T~ S~OT!]UOO L ~T 1T uOl~exauuv aq~ Auap h~ pleoq aq~ 'val. ~oa~qns aq~ ]0. 9 s~5a~a~uT ~saq aq~ uT aq prno~ uOT~vxauuv ~vq~ sPUT; ~T 11 (El S JO :aJe1ta~ pue IA~a1vs Iq~rvaq o1!qnd aq~ ~oa~oJd o~ a~vnbapv ~ . ~ou 51 ~uaWUJ.^OD ]0 mJo] ~Tqsu~o~ DUT~sTxa a4~ ~vq~ SPUT] ~T t 11 (zl :aw1~ arqvuosvaJ . uTq~l~ vaJV aq~ Aq paJTnbaJ SaOTAJaS ~ aq~ DU1P1AOld ]0 arqvdvo sT ^~T!edToTUnw DUTxauuv aq~ ~vq~ ! V506r~S~~ ~/~~ ( ~OSI~] L6/St/SO ~ . . I I 05/15/97 {REVISOR ] CKV/CM CCRSF1905A 1 a boundary, that the detachment would not unreasonably affect 2 the symmetry of the detaching municipality, and that th~ .'.;"ld is ...- 3 not needed for reasonablY anticipated future development. The 4 panel shall deny the detachment if it finds that the remainder 5 of the municipality cannot continue to carryon the functions of 6 government without undue hardship. The panel shall have 7 authority to decrease the area of property to be detach~~ 8 may include only a p~rt of the proposed area to be detal, :"led. If 9 the tract abuts more than one township, it shall become a part 10 of each township, being divided by projecting through it the 11 boundary line between the townships. The detached area may be 12 relieved of the primary responsibility for existing indebtedness 13 of the municipality and be required to assume the indebtedness 14 of tne township of which it becomes a part, in the proportion . 15 that the panel deems just and equitable considering the amount 16 of taxes due and delinquent and the indebtedness of each 17 townShip and the municipality affected, if any, and for what 18 purpose the indebtedness was incurred, in relation to the 19 benefit inuring to the detached area as a result of the 20 indebtedness and the last net tax capacity of the taxable 21 property in each township and municipality. 22 Subd. 8. {CONCORREN'l' DETACBMEN'l' AND' ANNEXATION OF 23 INCORPORATED PROPERTY.] For concurrent detachment and annexation -'"' 24 of incorporated property under section 414.061, subdivisions 4 25 and 5, the arbitration panel shall order the proposed action if 26 it finds that it will be for the best interests of the 27 municipalities and the property owner. In all cases, the 28 arbitration panel shall set forth the factors which are the 29 basi~ for the decision. 30 Sec. 5. {EFFECTIVE DATE.] . 31 This article is effective the day following final 32 enactment." 33 Delete the title and insert: 34 "A bill for an act 35 relating to the organization and operation of state 36 government; appropriating money for the general 37 legislative and administrative expenses of state . S k r ~ul0~ 8~~ ;0 hdoo v pUV paWJO; uaaq Z9 .: sv~ pJvoq sJa~od ~Ul0~ 8~~ aouo ~UVJe 't9 F a~~ a~ew hew Jo~oaJ1P a~~ '~OlJ~SIP 09 ~ DU1UUVtd ~UTO~ aq~ ul a~vdl01~Ivd 65 " o~ ~oaTa hew sanunoo aq~ UT~~I~ 85 sU~o~ puv saT~lo_Ia~~o '~OV ST~~ Japun 1.5 t> eUTuuvTd ~UTO~ ;0 sasodInd aq~ IO~ 95 l';. 'SPld~ ~nvs puv 'qdasor '~s 'TTa~Ivs 55 ~ '~IVd a~lvM 'pnot~ '~s ;0 sal~lo ~5 ~ ~ a~~ puv 'suIea~s pUV 'auInqIaqs 'uo~uaE t5 It I. ~o sal~unoo aq~ hq paqsTTqv~sa sl Z5 ~ auo ~1 'pIvoq sIa~od ~Ul0~ v o~ ~ueIe t5 . v a~ew o~ sl nah ~sIH a~~ 000' 05t$ 05 ''''''.:;.-~<~..>"w~ ,ry- ~~~..... .~-.;;?-:';~~~~tot'-6r' , aunr Tl~un aTqvtlvAv sT uOl~elIdoIddv 8~ slq~ 'suvtd pasvq-h~Tunwmoo B alvdald o~ ~oata ~eq~ 'h~unoo auo ~svat 9~ ~V apnToul ~~~ S~OII~sIP 6UluuvTd 5~ ~Ul0~ 10 'sal~unoo o~ s~uVI6 h60Tou~oa~ ~~ 10; 51 Ivah puooas aq~ OOO'Sl.E$ E~ 'OOOZ ' OE Zt> aunr tl~un aTqvTlvAv sT U01~V1Jdolddv n sTq~ 'saT~TTvdlolunw aIOW Ot> 10 auo puv h~unoo V WOI; SU01~VOltddv 6E ~Ul0~ 10 S~OTI~SlP CUTUUetd 8E . ~Ul0~ o~ s~uvI6 JO; h~lI01Id aAle tTeqs LE aOH~O aq~ '~uvl6 aq~ ;0 sasodlnd 9E 10; h~unoo aq~ UI~~l~ saT~TTvdToTunw o~ SE cUTPun; aplAOId hVW ~uvl6 V CUTATaoal H h~unoo \f 'suvtd pasvq-h~Tunmmoo f:E aIvdaId o~ UOT~VOTTddv CUTUUvtd ZE ~UTO~ e ~Twqns ha~~ ua~~ 'h~unoo H aq~ uTq~TM sal~lTvdloTunw aJOW JO auo OE pue h~unoo V O~ JO 'h~unoo auo ~svat 6Z ~v apntOUl ~vq~ S~OlJ~SlP CU1UUetd 8~ ~U10~ 'sal~unoo O~ S~UVJC cUluUetd a- 10; ST Ivah puooas aq~ OOO'~l.E$ n '6U1UUvtd paseq-h~Tunwwoo 5Z uo tTounoo hJOSTApV aq~ puv 6uTuuetd t>Z pasvq-h~lunwmoo 10; aIV Ivah puooas aq~ n; 000'59t$ puv IV.~~SIH aq~ 000'59t$ ZZ 'SMnTuueTq aJn~n; 10; tz asvq 5,houa6v a~~ ul papntouT aq ~ou OZ TtV~S UOT~VTJdoJddv sT~~ 'WVIDOJd a~~ 6t Ja~sTulwpe O~ pasn aq hVW UOI~V1IdoJddv 8t aq~ ;0 ~U80Ied 8AT; o~ do 's~oa~oId l.t ~OtTd S~Inoo uaa~ ~uawatdmT o~ S~UVIC 9t aPT~a~v~s 10; aIV Jeah puooas aq~ 5T 000'51.t$ pUV Ivah ~SJ1; a~~ OOO'Sl.t$ n 000'LtE'5 000'tl.6't> OOINNY'Id 300w-~NO'I CIN1f n ~I~3~~S ~O ~I~~O ."["[ '08S Z! 'suqVtO !"[ uOl~vsuadmoo ISJa~JO~ 6UTJaPTSuoo 10; 0"[ pun; uOT~vsuedwoo tVloeds UOI~vluadmoo 6 . ,SIa~IO~ aq~ WOI; sl uOT~VlldoJddv slq~ 8 OOO'S6!'~ OOO'LO!'~ SOOIlfYom 3AUnLLSINIWCI\f 'O! 'oas l. OOO'Lt>Z'Z 000'E9t'Z mlVOE oLN3W~SUNI '6 . oas 9 '666! 5 '! hlvnlqa~ 18~;V TT~un t05~ Ia~dv~o t> 'saTnH v~osauuTW ul pauTt~no SUOIST~OJd t 8q~ 6uTulaAo6 saTnI aAHvI~sTn'~wpv Z ~au hUV ~dopv ~ou TTvqs pTvoa aq~ T . . ..~ Oregonls Statewide Planning .Goals & Guidelines 1995 Edition . . . , OREGON'S STATEWIDE PLANNING PROGRAM . The Statewide Planning Goals The Department of land Conservation and Development Since 1973, Oregon has maintained a strong statewide LCDC's administrative arm is the Department of Land program for land use planning. The foundation of that program Conservation and Development (DLCD), DLCD is a small state is a set of 19 statewide plarming goals. The goals express the agency with its main office in Salem. The department has field state's policies on land use and on related topics, such as citizen representatives in Portland, Newport, and Bend, involvement, housing, and natural resources. This booklet contains the complete text of the 19 goals. The Land Use Board of Appeals Most of the goals are accompanied by "guidelines," which The state has a special "court" (the Land Use Board of are suggestions about how a goal may be applied, As noted in Appeals) that reviews appeals of land use decisions. LUBA has Goal 2, guidelines are not mandatory, The goals are, however: three members, known as "referees." It is based in Salem. they have been adopted as administrative rules (Oregon Administrative Rules Chapter 660, Division 15). Citizen Involvement It's no coincidence that Citizen Involvement is the first among City and County Planning Oregon's 19 plarming goals. Extensive citizen participation has Oregon's statewide goals are achieved through local been the hallmark of the state's plarming program from its outset comprehensive plarining. State law requires each city and Every city and county has a Committee for Citizen Involvement county to have a comprehensive plan and the zoning and (CCl) to monitor and encourage active citizen participation. The land-division ordinances needed to put the plan into effect state's Citizen Involvement Advisory Committee (CIAC) also The local comprehensive plans must be consistent with the encourages such participation in all aspects of planning. statewide planning goals. Plans are reviewed for such consis- tency by the state's Land Conservation and Development The Local Comprehensive Plan Conunission (LCDC). When LCDC officially approves a local The local comprehensive plan guides a community's land use, . government's plan, the plan is said to be "acknowledged." It conservation of natural resources, economic development, and then becomes the controlling document for land use in the area public services, Each plan has two main parts, One is a body of covered by that plan. data and information called the inventory, background report, or Oregon's plarming laws apply not only to local governments factual base. It describes a community's resources and features. but also to special districts and state agencies. The laws It must address all of the topics specified in the applicable strongly emphasize coordination - keeping plans and programs sta1ew'ide goals. The other part is the policy element That part of consistent with each other, with the goals, and with acknowl- the plan sets forth the community's long-range objectives and the edged local plans. policies by which it intends to achieve them, The policy element of each community's plan is adopted by ordinance and has the A Partnership force of law. Oregon's planning program is a partnership between state Local plans may be changed through plan amendments or and local governments. The state requires cities and counties to periodic review. Plan amendments are smaller, unscheduled plan, and it sets the standards for such planning, Local govern- adjustments to a plan. Periodic reviews are broad evaluations of ments do the planning and administer most of the land-use an entire plan that occur every four to ten years. A plan may be regulations. The resulting mosaic of state-approved local modified extensively after such a review. comprehensive plans covers the entire state, Each plan is acrompanied by a set of implementing measures, The state does not write comprehensive plans, It doesn't There are many different kinds. The two most common measures zone land or administer permits for local planning actions like are zoning and land-division ordinances. Every city and county variances and conditional uses. And unlike some other states, in Oregon has adopted such land-use controls. i Oregon does not require environmental impact statements, Need More Information? The land Conservation and Development Commission If you need infonnation about a certain community's compre- Oregon's statewide planning program is directed by the hensive plan or its zoning and land-division ordinances, contact Land Conservation and Development Commission (LCD C), the appropriate city or county planning department. If you would i The commission's seven members are unsalaried volunteers, like more infonnation about Oregon's statewide planning I I appointed by the governor and confumed by the state senate. program, please contact the Department of Land Conservation . The tenn of appointment is four years, and Development. .:. . . V . , . CONTENTS e..-' Page Introduction Goal 1: Citizen Involvement 1 Goal 2: Land Use Planning 3 Goal 3: Agricultural Lands 6 Goal 4: Forest Lands 7 Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources 8 Goal 6: Air, Water and Land Resources Quality 10 Goal 7: Areas Subject to Natural Disasters and Hazards 11 Goal 8: Recreational Needs 12 e Goal 9: Economic Development . 16 Goal 10: Housing 17 Goal 11 : Public Facilities and Services 18 Goal 12: Transportation 19 Goal 13: Energy Conservation 20 Goal 14: Urbanization 21 Goal 15 : Willamette River Greenway 22 Goal 16: Estuarine Resources 26 Goal 17: Coastal Shorelands 30 Goal 18: Beaches and Dunes 33 Goal 19: Ocean Resources 36 Definitions 39 .. APPENDIX: The Evolution of Oregon's Statewide Planning Goals . , GOAL 1: CITIZEN INVOLVEMENT ., To develop a citizen involvement program that an evaluation of the citizen involvement program. If the insures the opportunity for citizens to be involved in planning commission is to be used in lieu of an independent all phases of the planning process. CCI, its members shall be selected by an open, The governing body charged with preparing and well-publicized public process. adopting a comprehensive plan shall adopt and publicize a program for citizen involvement that clearly defmes the 2. Communication -- To assure effective two-way procedures by which the general public will be involved communication with citizens. in the on-going land-use planning process, Mechanisms shall be established which provide for The citizen involvement program shall be appropriate effective communication between citizens and elected and to the scale of the planning effort, The program shall appointed officials. provide for continuity of citizen participation and of infonnation that enables citizens to identify and compre- 3. Citizen Influence -- To provide the opportunity for hend the issues. citizens to be involved in all phases ~f the planning Federal, state and regional agencies, and special- process. purpose districts shan coordinate their pi~g efforts Citizens shall have the opportwlity to be involved in the with the affected governing bodies and make use oJ phases of the planning process as set forth and defmed in existing local citizen involvement programs established the goals and guidelines for Land Use Planning, including by counties and citles. Preparation of Plans and Implementation Measures, Plan The citizen involvement program shall incorporate the Content, Plan Adoption, Minor Changes and Major following components: Revisions in the Plan, and Implementation Measures. 1. Citizen Involvement - To provide for widespread 4. Technical Information -- To assure that technical citizen involvement. information is available in an understandable form. . The citizen involvement program shall involve a Information necessary to reach policy decisions shall be cross-section of affected citizens in all-' phases of the available in a simplified, understandable form, Assistance planning process, As a component, the program for . shall be provided to interpret and effectively use technical citizen involvement shall include an officially recognized information, A copy of all technical information shall be committee for citizen involvement (CeI) broadly repre- available at a local public library or other location open to sentative of geographic areas and interests related to land the public, use and land-use decisions, Committee members shall be selected by an open, well-publicized public process. 5. Feedback Mechanisms - To assure that citizens will The committee for citizen involvement shall be receive a response from policy-makers. responsible for assisting the governing body with the Recommendations resulting from the citizen involve- development of a program that promotes and enhances ment program shall be retained and made available for citizen involvement in land-use planning, assisting in the public assessment. Citizens who have participated in this implementation of the citizen involvement program, and program shall receive a response from policy-makers. The evaluating the process being used for citizen involvement rationale used to reach land-use policy decisions shall be If the governing body wishes to assume the responsi- .. available in the form of a written record. bility for development as well as adoption and implemen- tation of the citizen involvement program or to assign 6. Financial Support - To insure funding for the citizen such responsibilities to a planning commission, a letter involvement program. shall be submitted to the Land Conservation and Devel- Adequate human, fmancial, and informational resources opment Commission for the state Citizen Involvement shall be allocated for the citizen involvement program. Advisory Committee's review and recommendation These allocations shall be an integral component of the stating the rationale for selecting this option, as well as planning budget. The governing body shall be responsible indicating the mechanism to be used for for obtaining and providing these resources, . -1- GUIDELINES FOR GOAL 1 . A. CITIZEN INVOLVEMENT The general public, through the local citizen involve- I. A program for stimulating citizen involvement should ment programs, should have the opportunity to review be developed using a range of available media (includ- each proposal and application for a land conservation ing television, radio, newspapers, mailings and meet- and development action prior to the formal consider- ings), ation of such proposal and application, 2. Universities, cOlleges, community colleges, secondary 5. Evaluation - The general public, through the local and primary educational institutions and other agencies citizen involvement programs, should have the oppor- and institutions with interests in land-use planning tunity to be involved in the evaluation of the compre- should provide information on land-use education to hensive land use plans. citizens, as well as develop and offer courses in 6. Revision - The general public, through the local citizen land-use education which provide for a diversity of involvement programs, should have the opportunity to educational backgrounds in land-use planning. review and make recommendations on proposed 3, In the selection of members for the committee for changes in comprehensive land-use plans prior to the citizen involvement, the following selection process public hearing process to formally consider the pro- should be observed: citizens should receive notice they posed changes, can lIDderstand of the opportunity to serve on the CCI; committee appointees should receive official notifica- D. TECHNICALINFO~TION tion of their selection; and committee appointments 1. Agencies that either evaluate or implement public should be well publicized, projects or programs (such as, but not limited to, road, sewer, and water construction, transportation, subdivi- B. COMMUNICATION sion studies, and zone changes) should provide assis. . Newsletters, mailings, posters, mail-back questionnaires, tance to the citizen involvement program, The roles, and other available media should be used in the citizen responsibilities and timeline in the planning process of involvement program: these agencies should be clearly defmed and publicized, 2, Technical information should include, but not be -- C. CITIZEN INFLUENCE limited to, energy, natural environment, political, legal, 1. Data Collection. The general public through the local economic and social data, and places of cultural signifi- citizen involvement programs should have the opportu- cance, as well as those maps and photos necessary for nity to be involved in inventorying, recording, mapping, effective planning. describing, analyzing and evaluating the elements necessary for the development of the plans, E. FEEDBACK MECHANISM 2. Plan Preparation - The general public, through the 1, At the onset of the citizen involvement program, the local citizen involvement programs, should have the governing body should clearly state the mechanism opportunity to participate in developing a body of through which the citizens will receive a response from sound information to identify public goals, develop the policy-makers, policy guidelines, and evaluate alternative land conser- 2, A process for quantifying and synthesizing citizens' vation and development plans for the preparation of the attitudes should be developed and reported to the comprehensive land-use plans, general public, 3. Adoption Process - The general public, through the local citizen involvement programs, should have the F. FINANCIAL SUPPORT opportunity to review and recommend changes to the 1. The level of funding and human resources allocated to proposed comprehensive land-use plans prior to the the citizen involvement program should be sufficient to public hearing process to adopt comprehensive make citizen involvement an integral part of the plan- land-use plans. rung process, 4. Implementation - The general public, through the . local citizen involvement programs, should have the .:. .:. .:. OpJXlrtunity to participate in the development, adoption, and application oflegislation that is needed to carry out " a comprehensive land-use plan. \wi , , .~~ GOAL 2: LAND USE PLANNING .. PART I -- PLANNING Plans -- as used here encompass all plans which guide To establish a land use planning process and policy land-use decisions, including both comprehensive and framework as a basis for all decision and actions single~purpose plans of cities, counties, state and federal related to use of land and to assure an adequate agencies and special districts, factual base for such decisions and actions. City, county, state and federal agency and special PART II -- EXCEPTIONS district plans and actions related to land use shall be A local government may adopt an exception to a goal consistent with the comprehensive plans of cities and when: counties and regional plans adopted under ORS Chapter (a) The land subject to the exception is physically 268, developed to the extent that it is no longer available All land use plans shall include identification of issue~ for uses allowed by the applicable goal; and problems, inventories and other factual information (b) The land subject to the exception is irrevocably for each applicable statewide planning goal, evaluation of committed to uses not allowed by the applicable goal alternative courses of action and ultimate policy choices, because existing adjacent uses and other relevant taking into consideration social, economic, energy and factors make uses allowed by the applicable goal environmental needs. The required information shall be impracticable; or contained in the plan'document or in supporting docu- (c) The following standards are met: . ments. The plans, supporting docwnents and implementa- (I) Reasons justify why the state policy embodied in tion ordinances shall be filed in a public office or other the applicable goals should not apply; place easily accessible to the public. The plans shall be (2) Areas which do not require a new exception the basis for specific implementation measures, These cannot reasonably accommodate the Use; . measures shall be consistent with and adequate to cany (3) The long-term environmental, economic, social out the plans, Each plan and related implementation and energy consequences resulting from the use of measure shall be coordinated with the plans of affected the proposed site with measures designed to reduce governmental units, adverse impacts are not significantly more adverse All land-use plans and implementation ordinances than would typically result from the same proposal shall be adopted by the governing body after public being located in areas requiring a goal exception hearing and shall be reviewed and, as needed, revised on other than the proposed site; and a periodic cycle to take into account changing public ( 4) The proposed uses are compatible with other policies and circumstances, in accord with a schedule set adjacent uses or will be so rendered through mea- forth in the plan, Opportunities shall be provided for sures designed to reduce adverse impacts. review and comment by citizens and affected governmen- Compatible, as used in subparagraph (4) is not intended as tal units during preparation, review and revision of plans an absolute term meaning no interference or adverse and implementation ordinances. impacts of any type with adjacent use~. Affected Governmental Units -- are those local A local government approving or denying a proposed governments, state and federal agencies and special exception shall set forth fmdings of fact and a statement of districts which have programs, land ownerships, or reasons which demonstrate that the standards for an responsibilities within the area included in the plan. exception have or have not been met Comprehensive Plan -- as defmed in ORS Each notice of a public hearing on a proposed exception 197.015(5). shall specifically note that a goal exception is proposed and Coordinated -- as defmed in ORS 197.015(5), Note: shall sununarize the issues in an understandable manner. It is included in the definition of comprehensive plan. Upon review of a decision approving or denying an Implementation Measures -- are the means used to exception: carry out the plan. These are of two general types: (a) The commission shall be bound by any fmding of (I) management implementation measures such as fact for which there is substantial evidence in the .- ordinances, regulations or project plans, and (2) site or record of the local government proceedings resulting area specific implementation measures such as permits in approval or denial of the exception; and grants for construction, construction of public (b) The commission shall detennine whether the local facilities or provision of services. government's fmdings and reasons demonstrate that .3 - . - ... ....- -- the standards for an exception have or have not complexity and size of the area, number of people . been met; and involved, other governmental units to be consulted, and . (c) The commission shall adopt a clear statement of availability of the necessary information, reasons which sets forth the basis for the determi- Sufficient time should be allotted for: nation that the standards for an exception have or (1) collection of the necessary factual information have not been met. (2) gradual refinement of the problems and issues and Exception means a comprehensive plan provision, the alternative solutions and strategies for devel- including an amendment to an acknowledged comprehen- opment sive plan, that; (3) incorporation of citizen needs and desires and (a) Is applicable to specific properties or situations and development of broad citizen support does not establish a planning or zoning policy of (4) identification and resolution of possible conflicts general applicability; with plans of affected governmental units, (b) poes not comply with some or all goal require- ments applicable to the subject properties or situa- B. REGIONAL, STATE AND FEDERAL PLAN tions; and CONFORMANCE (c) Complies with standards for an exception, . It is expected that regional, state and federal agency plans will conform to the comprehensive plans of cities PART III - USE OF GUIDELINES and counties, Cities and counties are expected to take Governmental units shall review the guidelines set forth into account the regional, state and national needs, for the goals and either utilize the guidelines or develop Regional, state and federal agencies are expected to alternative means that will achieve the goals, All land-use make their needs known during the preparation and plans shall state how the guidelines or alternative means revision of city and county comprehensive plans, During utilized achieve the goals, the preparation of their plans, federal, state and regional . Guidelines -- are suggested directions that would aid agencies are expected to create opportunities for review local governments in activating the mandated goals, They and conunent by cities and counties, are intended to be instructive, directional and positive, In the event existing plans are in conflict or an . not limiting local government to a .single course of action agreement cannot be reached during the plan preparation when some other course would achieve the same result. process, then the Land Conservation and Development Above all, guidelines are not intended to be a grant of Commission expects the affected government units to power to the state to carry out zoning from the state level take steps to resolve the issues, If an agreement cannot under the guise of guidelines. (Guidelines or the alterna- be reached, the appeals procedures in ORS Chapter 197 tive means selected by governmental bodies will be part may be used, of the Land Conservation and Development Commis- sion's process of evaluating plans for compliance with C. PLAN CONTENT goals.) 1. Factual Basis for the Plan Inventories and other forms of data are needed as the basis for the }X>licies and other decisions set forth in the GUIDELINES plan, This factual base should include data on the following as they relate to the goals and other provisions A. PREPARATION OF PLANS AND of the plan: IMPLEMENTATION MEASURES (a) Natural resources, their capabilities and limita- Preparation of plans and implementation measures tions should be based on a series of broad phases, proceed- (b) Man-made structures and utilities, their location ing from the very general identification of problems and condition and issues to the specific provisions for dealing with (c) Population and economic characteristics of the these issues and for interrelating the various elements area of the plan. During each phase opportunities should be (d) Roles and responsibilities of governmental units. . provided for review and conunent by citizens and 2. Elements of the Plan affected governmental units, The following elements should be included in the plan: The various implementaticn measures which will be (a) Applicable statewide planning goals . used to carry out the plan should be considered during (b) Any critical geographic area designated by the each of the planning phases. Legislature The number of phases needed will vary with the (c) Elements that address any special needs or desires , of the people in the area F. IMPLEMENTATION MEASURES . . (d) Time periods of the plan, reflecting the antici- The following types of measure should be considered pated situation at appropriate future intervals. for carrying out plans: All of the elements should fit together and relate to one another to fonn a consistent whole at all times, 1. Management Implementation Measures (a) Ordinances controlling the use and construction D. FILING OF PLANS ., on the land, such as building codes, sign ordi- City and county plans should be filed, but not re- nances, subdivision and zoning ordinances. ORS corded, in the Office of the County Recorder, Copies Chapter 197 requires that the provisions of the of all plans should be available to the public and to zoning and subdivision ordinances confonn to the affected governmental units. comprehensive plan, (b) Plans for public facilities that are more specific E. MAJOR REVISIONS AND MINOR than those included in the comprehensive plan, CHANGES IN THE PLAN AND IMPLE- They show the size, location, and capacity serving MENTATION MEASURES each property but .are not as detailed as construc- The citizens in the area and any affected governmental . tion drawings. unit should be given an opportunity to review and (c) Capital improvement budgets which set out the comment prior to any changes in the plan and imple- projects to be constructed during the budget mentation ordinances. There should be at least 30 days period. notice of the public hearing on the proposed change. (d) State and federal regulations affecting land use. (e) Annexations, consolidations, mergers and. other 1. Major Revisions reorganization measures. Major revisions include land use changes that have widespread and significant impact beyond the immedi- 2. Site and Area Specific Implementation Measures ate area, such as quantitative changes producing large (a) Building permits, septic tank permits, driveway .. volumes of traffic; a qualitative change in the charac- permits, etc; the review of subdivisions and land ter of the land use itself, such as conversion of residen- partitioning applications; the changing of zones tial to industrial ~e; or a spatial change that affects and granting of conditional uses, etc, large areas or many different ownerships. (b) The construction of public facilities (schools, The plan and implementation measures should be roads, water lines, etc.). revised when public needs and desires change and (c) The provision ofland-related public services such when development occurs at a different rate than as fire and police. contemplated by the plail. Areas experiencing rapid (d) The awarding of state and federal grants to local growth and development should provide for a frequent governments to provide these facilities and ser- review so needed revisions can be made to keep the ViceS. plan up to date; however, major revisions should not (e) Leasing of public lands. be made more frequently than every two years, if at all possible. G. USE OF GUIDELINES FOR THE STATEWIDE . PLANNING GOALS 2. Minor Changes Guidelines for most statewide planning goals are found Minor changes, i.e., those which do not have signifi- in two sections-planning and implementation. planning cant effect beyond the immediate area of the change, guidelines relate primarily to the process of developing. should be based on special studies or other infonna- plans that incorporate the provisions of the goals, tion which will serve as the factual basis to support the Implementation guidelines should relate primarily to the change. The public need and justification for the process of carrying out the goals once they have been particular change should be established. Minor incorporated into the plans. Techniques to carry out the changes should not be made more frequently than once goals and plans should be considered during the prepa- a year, if at all possible. ration of the plan, + . - 5 - t - . GOAL 3: AGRICULTURAL LANDS t To preserve and maintain agricultural lands. are necessary to pennit fann practices to be undertaken on Agricultural lands shall be preserved and maintained adjacent or nearby lands, shall be included as agricultural for fann use, consistent with existing and future needs for land in any event. agricultural products, forest and open space and with the More detailed soil data to defme agricultural land may state's agricultural land use policy expressed in be utilized by local governments if such data permits ORS 215.243 and 215.700. achievement of this goal. Agricultural land does not include land within acknowl- USES edged urban growth boundaries or land within acknowl- Coun~ies may authorize fann uses and those nonfarm edged exceptions to Goals 3 or 4, uses defmed by commission rule that will not have . Farm Use -- is as set forth inORS 215.203, significant adverse effects on accepted farm or forest mgh-Value Farmlands -. are areas of agricultural land practices. defmed by statute and Commission rule, IMPLEMENTATION Zoning applied to agricultural I arid shalllirnit uses which GUIDELINES can have significant adverse effects on agricultural and forest land, farm and forest uses or accepted fanning or A. PLANNING forest practices, 1, Urban growth should be separated from agricultural Counties shall establish minimum sizes for new lots or lands by buffer or transitional areas of open space, . parcels in each agricultural land designation, The mini- 2. Plans providing for the preservation and maintenance of mum parcel size established for farm uses in farmland farm land for farm use, should consider as a major t zones shall be consistent with applicable statutes, If a determinant the carrying capacity of the air, land and county proposes a minimum lot or parcel size less than water resources of the planning area. The land conserva- 80 acres, or 160 acres for rangeland, the minimum shall tion and development actions provided for by such plans be appropriate to maintain the existing commercial should not exceed the carrying capacity of such reo agricultural enterprise within the area and. meet the sources. requirements ofORS 215.243. Counties authorized by 0 RS 215.316 may designate B. IMPLEMENTATION agricultural land as marginal land and allow those uses I. Non-farm uses pennitted within farm use zones under and land divisions on the designated marginal land as ORS215.213(2) and (3) and 215,283(2) and (3) should allowed by law. be minimized to allow for maximum agricultural pro-. LCOC shall review and approve plan designations and ductivity. revisions to land use regulations in the manner provided 2, Extension of services, such as sewer and water supplies by 0 RS Chapter 197. into rural areas should be appropriate for the needs of agriculture, farm use and non-farm uses established DEFINITIONS under ORS 215,213 and 215.283. Agricultural Land -- in western Oregon is land of 3. Services that need to pass through agricultural lands predominantly Class I, 11, III and IV soils and in eastern should not be connected with any use that is not allowed Oregon is land of predominantly Class I, II, III, IV, V and underORS 215,203, 215.213, and 215.283, should not VI soils as identified in the Soil Capability Classification be assessed as part of the farm unit and should be System of the United States Soil Conservation Service, limited in capacity to serve specific service areas and ~d other lands which are suitable for farm use taking identified needs, into consideration soil fertility, suitability for grazing, 4. Forest and open space uses should be permitted on . climatic conditions, existing and future availability of agricultural land that is being preserved for future water for farm irrigation purposes, existing land-use agricultural growth. The interchange of such lands f patterns, technological and energy inputs required, or should not be subject to tax penalties, <- accepted farming practices, Lands in other classes which - 6. 11; , GOAL 4: FOREST LANDS .. To conserve forest lands by maintaining the forest proposes a minimum lot or parcel size less than 80 acres, land base and to protect the state's forest economy by the minimum shall meet the requirements of ORS 527,630 making possible economically efficient forest prac- and conserve values fOWld on forest lands. Siting standards tices that assure the continuous growing and harvest- shall be designed to make allowed uses compatible with ing of forest tree species as the leading use on forest forest operations, agriculture and to conserve values fOWld land consistent with sound management of soil, air, on forest lands, water, and fish and wildlife resources an~ to provide Local governments authorized by ORS 215,316 may for recreational opportunities and agriculture. inventory, designate and wne forest lands as marginal land, Forest lands are those lands acknowledged as forest and may adopt a zone which contains provisions for those lands as of the date of adoption of this goal amendment. uses and land divisions authorized by law. Where a plan is not acknowledged or a plan amendment involving forest lands is proposed, forest land shall include lands which are suitable for commercial forest GUIDELINES uses including adjacent or nearby lands which are neces- sary to pennit forest operations or practices and other A. PLANNING forested lands that maintain soil, air, water and'fish and 1. Forest lands should be inventoriedso as to provide for wildlife resources. the preservation of such lands for forest uses, . 2, Plans providing for the preservation of forest lands for USES forest uses should consider as a major detenninant the Forest operations, practices and auxiliary uses shall be carrying capacity of the air, land and water resources of allowed on forest lands subject only to such regulation of the planning area, The land conservation and develop- uses as are found in ORS 527,722. ment actions provided' for by such plans should not . Uses which may be allowed subject to standards set exceed the carrying capacity of such resources. . forth in this goal and administrative rule are: (1) uses related to and in support of forest operations; (2) uses to B. IMPLEMENTATION conserve soil, water and air quality, and to provide for 1, Before forest land is changed to another use, the produc- fish and wildlife resources, agriculture and recreational tive capacity of the land in each use should be consid- opportunities appropriate ina forest environment; (3) ered and evaluated. locationally dependent uses; (4) dwellings authorized by 2. Developments that are allowable under the forest lands law, classification should be limited to those activities for forest production and protection and other land manage- IMPLEMENTATION ment uses that are compatible with forest production, Comprehensive plans and zoning provide certainty to Forest lands should be available for recreation and other assure that forest lands will be available now and in the uses that do not hinder growth. future for the growing and harvesting of trees. Local 3, Forestation or reforestation should be encouraged on governments shall inventory, designate and zone forest land suitable for such Purp9Ses, including marginal lands, Local governments shall adopt zones which agricultural land not needed for farm use. . contain provisions to address the uses allowed by the goal . 4, Road standards should be limited to the minimum width and administrative role and apply those zones to desig- neceSsary for management and safety. nated forest lands. 5. Highways through forest lands should be designed to Zoning applied to forest land shall contain provisions minimize impact on such lands. which limit, to the extent permitted by ORS 527.722, 6. Rights-of-way should be designed so as not to preclude uses which can have significant adverse effects on forest forest growth whenever possible. land, operations or practices. Such zones shall contain 7, Maximum utilization of utility rights-of-way should be numeric standards for land divisions and standards for required before pennitting new ones. the review and siting of land uses. Such land divisions 8, Comprehensive plans should consider other land uses . and siting standards shall be consistent with the applica- that are adjacent to forest lands so that conflicts with ble statutes, goal and administrative rule. If a county forest harvest and management are avoided. . - 7 - . .-- J GOAL 5: OPEN SPACES, SCENIC AND . HISTORIC AREAS, AND NATURAL RESOURCES t To conserve open space and protect natural and Natural Area u includes land and water that has scenic resources. substantially retained its natural character and land and water that, although altered in character, is important as Programs shall be provided that will: . habitats for plant, animal or marine life, for the study of its (1) insure open space, natural historical, scientific or paleontological features, or (2) protect scenic and historic areas and natural re- for the appreciation of its natural features, sources for future generations, and (3) promote healthy and visually attractive environ- Open Space - coosists of lands used for agricultural or ments in hannony with the natural landscape character. forest uses, and any land area that would, if preserved and The locations, quality and quantity of the following continued in its present use: resources shall be inventoried: (a) Conserve and enhance natural or scenic resources; a. Land needed or desirable for open space; (b) Protect air or streams or water supply; b, Mineral and aggregate resources; (c) Promote conservation of soils, wetlands, beaches c. Energy sources; or tidal marshes; d, Fish and wildlife areas and habitats; (d) Conserve landscaped areas, such as public or e. Ecologically and scientifically significant natural private golf courses, that reduce air pollution and areas, including desert areas; enhance the value of abutting or neighboring f. Outstanding scenic views and sites; property; g, Water areas, wetlands, watersheds and groundwater (e) Enhance the value to the public of abutting or . resources; neighboring parks, forests, wildlife preserves, h. Wilderness areas; nature reservations or sanctuaries or other open i, Historic areas, sites, structw'es and objects; space; t j. Cultural areas; (f) Enhance recreation opportunities; k. Potential and approved Oregon recreation trails; (g) Preserve historic sites; I. Potential and approved federal wild and scenic (h) Promote orderly urban development. waterways and state scenic waterways. Scenic Areas u are lands that are valued for their Where no conflicting uses for such resources have been aesthetic appearance, identified, such resources shall be managed so as to preserve their original character. Where conflicting uses Wilderness Areas u are areas where the earth and its have been identified the economic, social, environmental community of life are untrammeled by man, where man and energy consequences of the conflicting uses shall be himself is a visitor who does not remain. It is an area of detennined and programs developed to achieve the goal, undeveloped land retaining its primeval character and Cultural Area - refers to an area characterized be influence, ~thout permanent improvement or human habitation, which is protected and managed so as to evidence of an ethnic, religious or social group with preserve its natural conditions and which (1) generally distinctive traits, beliefs and social fonns. appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially l1lStoric Areas u are lands with sites, structures and wmoticeable; (2) has outstanding opportunities for solitude objects that have local, regional, statewide or national or a primitive and unconfined type of recreation; (3) may historical significance. also contain ecological, geological, or other features or scientific, educational, scenic or historic value, CJ t. ~ - , GUIDELINES FOR GOAL 5 .A PLANNING B. IMPLEMENTATION 1. The need for open space in the planning area should be 1, Development should be planned and directed so as to determined, and standards developed for the amount, conserve the needed amount of open space. distribution, and type of open space. 2. The conservation of both renewable and non-renewable 2. Criteria should be developed and utilized to determine natural resources and physical limitations of the land what uses are consistent with open space values and to should be used as the basis for determining the quan- evaluate the effect of converting open space lands to tity, quality, location, rate and type of growth in the inconsistent uses. The maintenance and development of planning area. open space in urban areas should be encouraged 3, The efficient conswnption of energy should be consid- 3, Natural resources and required sites for the generation ered when utilizing natural resources. of energy (i,e, natural gas, oil, coal, hydro, geothermal, 4, Fish and wildlife areas and habitats should be protected uraniwn, solar and others) should be conserved and and managed in accordance with the Oregon Wildlife protected; reservoir sites should be identified and Commission's fish and wildlife management plans. protected against irreversible loss. 5. Stream flow and water levels should be protected and 4, Plans provicijng for open space, scenic and hi~toric managed at a level adequate for fish, wildlife, pollution areas and natural resources should consider as a major abatement, recreation, aesthetics and agriculture. determinant the carrying capacity of the air, land and 6, Significant natural areas that are historically, ecologi- water resources of the planning area. The land conser- cally or scientifically unique, outstanding or important, vation and development actions provided for by such including those identified by the State Natural Area plans should not exceed the carrying capacity of such Preserves Advisory Committee, should be inventoried resources, and evaluated, Plans should provide for the preserva- 5, The National Register of Historic Places and the tion of natural areas consistent with an inventory of . recommendations oftlle State Advisory Committee on scientific, educational, ecological, and recreational Historic Preservation should be utilized in designating needs for significant natural. areas. historic sites, 7. Local, regional and state governments should be 6, In conjunction with the inventory of mineral and encouraged to investigate and utilize fee acquisition, aggregate resources, sites for removal and processing easements, cluster developments, preferential assess- of such resources should be identified and protected. ment, development rights acquisition and similar 7, As a general rule, plans should prohibit outdoor adver- techniques to implement this goal. tising signs except in commercial or industrial zones. 8. State and federal agencies should develop statewide Plans should not provide for the reclassification ofland natural resource, open space, scenic and historic area for the purpose of accommodating an outdoor advertis- plans and provide technical assistance to local and ing sign. The tenn "outdoor advertising sign" has the regional agencies, State and federal plans should be meaning set forth in ORS 377.710(23). reviewed and coordinated with local and regional plans. 9, Areas identified as having non-renewable mineral and aggregate resources should be planned for interim, transitional and "second use" utilization as ~ell as for the primary use, -> , -9- -- GOAL 6: AIR, WATER AND LAND . RESOURCES QUALITY t To maintain and improve the quality of the air t water the carrying capacity of the air, land and water resources and land resources of the state. of the planning area. The land conservation and devel. opment actions provided for by such plans should not All waste and process discharges from future develop. exceed the carrying capacity of such resources. ment, when canbined with such discharges from existing 5. All plans and programs affecting waste and process developments shall not threaten to violate, or violate discharges should be coordinated within the applicable applicable state or federal environmental quality statutes, air sheds and river basins described or included in state rules and standards, With respect to the air, water and environmental quality statutes, rules, standards and land resources of the applicable air sheds and river basins implementation plan. . described or included in state environmental quality 6. Plans of state agencies before they are adopted should statutes, rules, standards and implementation plans, such be coordinated with and reviewed by local agencies with discharges shall not (1) exceed the carrying capacity of respect to the impact of these plans on the air, water and such resources, considering long range needs; (2) degrade land resources in the planning area. such resources; or (3) threaten the availability of such 7. In all air. quality maintenance areas, plans should be resources. based on applicable state rules for reducing indirect pollution and be sufficiently comprehensive to include Waste and Process Discharges .. refers to solid waste, major transportation, industrial, institutional, commer. thermal, noise, atmospheric or water pollutants, contami. cial recreational and governmental developments and nants, or products therefrom. Included here also are facilities, indirect sources of air pollution which result in emissions . . of air contaminants for which the state has established B. IMPLEMENTATION standards, 1. Plans should take into account methods and devices for t implcnenting this goal, including but not limited to the following: GUIDELINES (1) tax incentives and disincentives, (2) land use controls and ordinances, A. PLANNING (3) multiple.use and joint development practices, 1, Plans should designate alternative areas suitable for (4) capital facility programming, use in controlling pollution including but not limited to (5) fee and less-than-fee acquisition techniques, and waste water treatment plants, solid waste disposal (6) enforcement oflocal health and safety ordinances, sites and sludge disposal sites, 2, A management program that details the respective 2. Plans should designate areas for urban and rural implementation roles and responsibilities for carrying residential use only where approvable sewage disposal out this goal in the planning area should be established alternatives have been clearly identified in such plans, in the comprehensive plan. 3. Plans should buffer and separate those land uses 3. Programs should manage land conservation 'and devel- which create or lead to conflicting requirements and opment activities in a manner that accurately reflects the impacts upon the air, water and land resources, community's desires for a quality environment and a 4, Plans which provide for the maintenance and improve. healthy economy and is consistent with state environ- ment of air, land and water resources of the planning mental quality statutes, rules, standards and implemen- area should consider as a major determinant tation plans. -:. . f - 10. ~. -- . , .. GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS To protect life and property from natural disasters 4. Plans taking into accoWlt known areas of natural disas- and hazards. ters and hazards should consider as a major detenninant, the canying capacity of the air, land and water resources Developments subject to damage or that could result in of the planning area. The land conservation and devel- loss of life shall not be planned nor located in known opment actions provided for by such plans should not areas of natural disasters and hazards without appropriate exceed the carrying capacity of such resources, safeguards, Plans shall be based on an inventory of 5. Planning for known areas of natural disasters and known areas of natural disaster and hazards. hazards should include an evaluation of the beneficial impact on natural resources and the environment from Areas of Natural Disasters and Hazarf/s -- are areas letting such events naturally reoccur. that are subject to natural events that are known to result in death or endanger the works of man, such as stream B. IMPLEMENTATION flooding, ocean flooding, groWld water, erosion and 1, Cities and counties not already eligible should qualify deposition, landslides, earthquakes, weak foundation for inclusion in the National Flood Insurance Program, soils and other hazards unique to local or regional areas. provided under the National Flood Insurance Act of 1968 (Public Law 90-448). The Act requires that development in flood-prone areas be appropriate to the probability of flood damage, and the danger to human GUIDELINES life. The Flood Disas~r Protection Act of 1973 (P.L. -- 93-234) and other pertinent federal and state programs A. PLANNING should be considered. The United States Department of 1, Areas subject to natural hazards should be evaluated Housing and Urban Development should identify all as to the degree of hazard present. Proposed develop- flood and mud-slide prone cities and counties in Oregon, ments should be keyed to the degree of hazard and to and priority. should be given to the completion of flood the limitations on use imposed by such hazard in the rate maps for such areas. . planning areas. 2. When locating developments in areas of known natural 2. In planning for floodplain areas, uses that will not hazards, the density or intensity of the development require protection through dams, dikes and levies should be limited by the degree of the natural hazard. should be preferred over uses that will require such 3. When regulatory programs and engineering projects are protection. being considered, the impacts of each should be consid- 3, Low density and open space uses that are least subject ered. to loss of life or property damage such as open stor- 4, Natural hazards that could result from new develop- age, forestry, agriculture and recreation should be ments, such as runoff from paving projects and soil preferred in floodplains, especially the floodway . slippage due to weak foundation soils, should be consid- portion. The floodway portion should be given special ered, evaluated and provided for. -> attention to avoid development that is likely to cause an impediment to the flow of floodwaters. . - 11 - . . . ~- ~- ~ GOAL 8: RECREATIONAL NEEDS , To satisfy the recreational needs of the citizens of the development of comprehensive plans implementing this state and visitors and, where appropriate, to provide requirement. for the siting of necessary recreational facilities Consistent with (a)-(e) above, small resorts may be including destination resorts. allowed in the following areas: (i) On land that is not defmed as agricultural or forest RECREATION PLANNING land under Goal 3 or 4; The requirements for meeting such needs, now and in the (ii) On lands where there has been an exception to future, shall be planned for by governmental agencies Statewide Planning Goals 3, 4, 11, or 14, having responsibility for recreation areas, facilities and opportunities: (1) in coordination with private ehterprise; Siting Standards (2) in appropriate proportions; and (3) in such quantity, 2, Counties shall ensure that destination resorts are quality and locations as is consistent with the availability compatible with the site and adjacent land uses through the of the resources to meet such requirements. State and following measures: federal agency recreation plans shall be coordinated with (a) Important natural features, including habitat of local and regional recreational needs and plans. threatened or endangered species, streams, rivers, and significant wetlands shall be maintained, Riparian DESTINATION RESORT SITING vegetation within 100 feet of streams, rivers and Comprehensive .plans may provide for the siting of significant wetlands shall be maintained. Alterations destination resorts on rura11ands subject to the provisions to important natural features, including placement of of the Goal and without a Goal 2 exception to Goals 3, 4, structures which maintain the overall values of the 11, or 14. feature may be allowed, (b) Sites designated for protection in an acknowledged , Eligible Areas comprehensive plan designated pursuant to Goal 5 1. Destination resorts allowed under the provisions of which are located on the tract 'used for the destination this goal shall be sited o~ lands mapped as eligible by the resort shall be preserved through conservation affected county, A map adopted by a county shall not easements as set forth in ORS 271.715 to 271.795, allow destination resorts ~pproved under the provisions Conservation easements adopted to implement this of this goal to be sited in any of the following areas: requirement shall be sufficient to protect the resource (a) Within 24 air miles of an urban growth boundary values of the site and shall be recorded with the with an existing population of 100,000 or more property records of the tract on which the destination . unless residential uses are limited to those neces- resort is sited, sary for the staff and management of the resort; (c) Improvements and activities shall be located and (b) On a site with 50 or more contiguous acres of designed to avoid or minimize adverse effects of the unique or prime farm land identified and mapped resort on uses on surrounding lands, particularly by the Soil Conservation Service; or within three effects on intensive farming operations in the area. At miles of farm land within a High Value Crop Area a minimum, measures to ae<<>mplish this shall in- except that small destination resorts shall not be elude: closer to a high value crop area than one-half mile (i) Establishment and maintenance of buffers be- for each 25 units of overnight lodging or fraction tween the resort and adjacent land uses, including thereof. natural vegetation and where appropriate, fences, (c) On predominantly Cubic Foot Site Class 1 or 2 berms, landscaped areas, and other similar types forest lands as detennined by the State Forestry of buffers. Department, which are not subject to an approved (ii) Setbacks of structures and other improvements goal exception; from adjacent land uses, Cd) In the Columbia River Gorge National Scenic Area (iii) Measures which prohibit the use or operation in as defmed by the Columbia River Gorge National conjunction v,'ith the resort of a portion of a tract , Scenic Act, P.L. 99-663; that is excluded from the site of a destination (e) Especially sensitive big game habitat as generally resort pursuant to ORS 197.435(7), Subject to mapped by the Oregon Department of Fish and this limitation, the use of the excluded property Wildlife in July 1984 and as further refmed through shall be governed by otherwise applicable law, . 12 - . . Implementing Measures (A) At least 75 units of overnight lodging, not including ., 3. Comprehensive plans allowing for destination resorts any individually owned homes, lots or units shall be shall include implementing measures which: constructed or guaranteed through surety bonding or (a) Adopt a map consisting of eligible lands within the equivalent financial assmances prior to .the closure of county. The map shall be based on reasonably sale of individual lots or units. available infonnation, and shall not be subject to (B) The remainder of the overnight lodging units shall be revision or refinement after adoption except in provided as individually owned lots or units subject connection with periodic review. A map adopted to deed restrictions that limit their use to overnight pursuant to this section shall be the sole basis for lodging units. The deed restrictions may be rescinded determiIiing whether tracts of land are eligible for when the resort has constructed 150 units of perm a- siting of large destination resorts under the provi- nent overnight lodging as required by this section. sions of this goal. (b) The number of units approved for residential sale (b) . Limit uses and activities to those pennitted by this shall not be more than two units for each unit of goal. pennanent overnight lodging provided under (a)(A) (c) Assure developed recreational facilities and key of this section. facilities intended to serve the entire development (c) The development approval shall provide for the and visitor oriented accommodations are physically construction of other required overnight lodging units provided or are guaranteed through surety bonding within five years of the initial lot sales. or substantially equivalent fmancial assurances (5) Commercial uses provided are limited to types and prior to closure of sale of individual lots or units, In levels necessal)' to meet the needs of visitors to the devel- phased developments, developed recreational opment, and industrial uses are not pennitted facilities and other key facilities intended to serve a To qualify as a small destination resort under Goal 8, a particular phase shall be constructed prior to sales proposed development must meet the folloWing standards: in that phase or guaranteed through surety bonding. (a) The resort shall be located on a site of 20 acres or more. . DEFINITIONS (b) At least $2 million shall be spent on improvements Destination Resort -- a self-contained development for onsite developed recreational facilities and visi- providing visitor-oriented accommodations and devel- tor-oriented accommodations exclusive of costs for oped recreational facilities in a setting with high natural land, sewer, and water facilities and roads. Not less amenities. To qualify as a large destination resort under than one-third of this amount shall be spent on Goal 8, a proposed development must meet the following developed recreation facilities. standards: (c) At least 25 but not more than 75 units of overnight (1) The resort is located on a site of 160 acres or more lodging shall be provided. except within two miles of the ocean shoreline and the (d) Restaurant and meeting rooms with at least one seat site is 40 acres or more. for each unit of overnight lodging shall be provided. (2) At least 50 percent of the site is dedicated perma- (e) Residential uses shall be limited to those necessal)' nent open space excluding yards, streets and parking for the staff and management of the resort, areas. (1) The county governing body or its designee shall (3) At least $7 million is spent on improvements for review the proposed resort and determine that the onsite developed recreational facilities and primal)' purpose of the resort is to provide lodging visitor-oriented accommodations exclusive of costs for and other services oriented to a recreational res.ource land, sewer, and water facilities and roads. Not less than which can only reasonably be enjoyed in a rural area. one~third of this amount shall be spent on developed Such recreational resources include, but are not recreational facilities. limited to, a hot spring, a ski slope, or a fishing (4) Visitor-oriented accommodations including meeting stream. rooms, restaurants with seating for 100 persons, and 150 (g) The resort shall be constructed and located so that it separate rentable units for overnight lodging are pro- is not designed to attract highway traffic. Resorts vided. Acconunodations available for residential use shall shall not use any manner of outdoor advertising not exceed two such units for each unit of overnight signing except: . lodging. However, the rentable units may be phased in as (i) Tourist oriented directional signs as provided in follows: ORS 377.715 to 377,830; and (a) A total of 150 units of overnight lodging shall be (ii) Onsite identification and directional signs. provided as follows: (h) Spending required under this section is stated in 1993 - 13 - ;~ "" - dollars, The spending required shall be adjusted to least 45 weeks per calendar year through a central resma- , the year in which calculations are made in accor- tion and check-in service, Tent sites, recreational vehicle dance with the United States Consumer Price Index, parks, mobile homes, dormitory rooms, and similar accom- modations do not qualify as overnight lodgings for the Developed Recreation Facilities -- are improvements purpose of this definition, constructed for the purpose of recreation and may include but are not limited to golf courses, tennis courts, swim- Recreation Areas, Facilities and Opportunities -- ming pools, marinas, ski runs and bicycle paths, provide for human development and enrichment, and include but are not limited to: open space and scenic High-Value Crop Area -- an area in which there is a landscapes; recreational lands; history, archaeology and concentration of commercial farms capable of producing natural science resoorces; scenic roads and travelers; sports crops 'orproducts with a minimum gross value of$1,000 and cultural events; camping, picnicking and recreational per acre per year. These crops and products include field lodging; tourist facilities and acco!M1odations; trails; crops, small fruits, berries, tree fruits, nuts, or vegetables, waterway use facilities; hunting; angling; winter sports; dairying, livestock feedlots, or Christmas trees as these mineral resources; active and passive games and activities, tenDs are used in the 1983 County and State Agricultural Estimates prepared by the Oregon State University Recreation Needs - refers to existing and future demand EXtension Service. The High-Value Crop Area Designa- by citizens and visitors for recreations areas, facilities and tion is used for the purpose of minimizing conflicting opportunities , uses in resort siting and is not meant to.revise the require- ments of Goal 3 or administrative rules interpreting the Self-contained Development -- means a development for goal. which community sewer and water facilities are provided onsite and are limited to meet the needs of the development Map of Eligible Lands -- a map of the county adopted or are provided by existing public sewer or water service as pursuant to ORS 197.455. long as all costs related to service extension and any , capacity increases are borne by the development. A Open Space -- means any land that is retained in a "self-contained development" shall have developed recre- substantially natural condition or is improved for recre- ational facilities provided onsite, ational uses such as golf courses, hiking or nature trails or equestrian or bicycle paths or is specifically required Tract - means a lot or parcel or more than one contiguous to be protected by a conservation easement. Open spaces lot or parcel in the same ownership, A tract may include . may include ponds, lands protected as important natural property that is not included in the proposed site for a features, land preserved for farm or forest use and lands destination resort if the property to be excluded is on the used as buffers, Open space does not include residential boundary of the tract and constitutes less than 30 percent lots or yards, streets or parking areas. of the total tract. Overnight Lodgings -- are pennanent, separately rent- Visitor-Oriented Accommodations n are overnight able acconunodations which are not available for residen- lodging, restaurants, meeting facilities which are designed tial use. Overnight lodgings include hotel or motel rooms, to and provide for the needs of visitors rather than cabins, and time share units, Individually owned units year-round residents. may be considered overnight lodgings if they are avail- able for overnight rental use by the general public for at , . 14 - ! ~ i'"-. . . GUIDELINES FOR GOAL 8. .A. PLANNING 10, Comprehensive plans should be desigried to give a 1, An inventory of recreation needs in the planning area high priority to enhancing recreation opportunities should be made based upon adequate research and on the public waters and shorelands of the state analysis of public wants and desires. especially on existing and potential state and federal 2, An inventory of recreation opportunities should be wild and scenic waterways, and Oregon Recreation made based upon adequate research and analysis of the Trails, resources in the planning area which are available to 11. Plans which provide for satisfying the recreation meet recreation needs. needs of persons in the planning area should con- 3, Recreation land use to meet recreational needs and sider as a major detenninant, the carrying capacity deVelopment standards, roles and responsibilities of the air, land and water resources of the planning should be developed by all agencies in coordination area. The land conservation and development ac- with each other and with the private interests. Long tions provided for by such plans should not exceed range plans and action programs to meet recreational the carrying capacity of such resources. needs should be developed by each agency responsible for developing comprehensive plans; B. IMPLEMENTATION 4. . The planning for lands and resources capable of 1. Plans should take into account various techniques in accommodating multiple uses should include provision addition to fee acquisition such as easements, cluster for appropriate recreation opportunities. developments, preferential assessments, development 5. The State Comprehensive Outdoor Recreation Plan rights acquisition, subdivision park land dedication could be used as a guide when planning, acquiring and which benefits the subdivision, and similar techniques developing recreation resources, areas and facilities. to meet recreation requirements through tax policies, 6, When developing recreation plans, energy conse- land leases, and similar programs. . quences should be considered, and to the greatest extent possible nonmotorized types of recreational C. RESORT SITING activities should be preferred over motorized activities, Measures should be adopted to minimize the adverse 7. Planning and provision for recreation facilities and environmental effects of resort development on the site, opportunities should give priority to areas, facilities particularly in areas subject to natural hazards, Plans and and uses that ordinances should prohibit or discourage alterations and (a) meet recreational needs requirements for high structures in the 100 year floodplain and on slopes density population centers, exceeding 25 percent. Uses and alterations. which are (b) meet recreational needs of persons of limited appropriate for these areas include: mobility and fmances, 1. minor drainage improvements which do not signifi- (c) meet recreational needs requirements while cantly impact important natural features of the site; providing the maximum conservation of energy 2, roads, bridges and utilities where there are no feasible both in the transportation of persons to the alternative locations on the site; and facility or area and in the recreational use itself, 3, outdoor recreation facilities including golf courses, bike (d) minimize environmental deterioration, paths, trails, boardwalks, picnic tables, temporary open (e) are available to the public at nominal cost, and sided shelters, boating facilities, ski lifts and runs.' . (f) meet needs of visitors to the state. 8. Unique areas or resources capable of meeting one or Alterations and structures pennitted in these areas should more specific recreational needs requirements should be adequately protected from geologic hazards or of be inventoried and protected or acquired. minimal value and designed to minimize adverse environ- 9, All state and federal agencies developing recreation mental effects. ~ plans should allow for review of recreation plans by atIected local agencies. . - 15 - -- - GOAL.9:. ECONOMIC DEVELOPMENT , To provide adequate opportunities throughout the GUIDELINES state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. A. PLANNING Comprehensive plans and policies shall contribute to a 1, A principal determinant in planning for major industrial and commercial developments should be the compara- stable and healthy economy in all regions of the state, tive advantage of the region within which the develop- Such plans shall be based on inventories of areas suitable ments would be located, Comparative advantage indus- for increased economic growth and ac~vity after taking tries are those economic activities which represent the into consideration the health of the current economic most efficient use of resources, relative to other goo- base; materials and energy availability and cost; labor graphic areas. market factors; educational and technical training pro- 2, The economic development projections and the compre- grams; availability of key public facilities; necessary hensive plan which is drawn from the projections should support facilities; current market forces; location relative take into account the availability of the necessary to markets; availability of renewable and non-renewable natural resources to support the expanded industrial resources; availability of land; and pollution control development and associated populations. The plan requirements, should also take into account the social, environmental, energy, and economic impacts upon the resident popula- Comprehensive plans for urban areas shall: tion, 3. Plans should designate the type and level of public . , ' facilities and services appropriate to support the degree 1. Include an analysis of the commuruty s econonuc patterns, potentialities, strengths, and deficiencies as of economic development being proposed. they relate to state and national trends; 4, Plans should strongly emphasize the expansion of and , 2. Contain policies concerning the economic develop- increased proouctivity from existing industries and firms as a means to. strengthen local and regional economic ment opportunities in the community; development. . 5, Plans dir~ted toward diversification and improvement 3. Provide for at least an adequate supply of sites of of the economy of the planning area should consider as suitable sizes, types, locations, and service levels for a major determinant, the carrying capacity of the air, a variety of industrial and commercial uses consistent land and water resources of the planning area. The land "..ith plan policies; conservation and development actions provided for by 4. Limit uses on or near sites zoned for specific industrial such plans should not exceed the carrying capacity of such resources. and commercial uses to those which are compatible \'r1th proposed uses, B. IMPLEMENTATION 1, Plans should take into account methods and devices for In accordance with ORS 197.180 and Goal 2, state overcoming certain regional conditions and deficiencies agencies that issue permits affecting land use shall for implementing this goal, including but not limited to identify in their coordination programs how they will (1) tax incentives and disincentives; coordinate permit issuance with other state agencies, (2) land use controls and ordinances; cities and counties, (3) preferential assessments; (4) capital improvement programming; and (5) fee and less-than-fee acquisition techniques, 2, Plans should provide for a detailed management pro- gram to assign respective implementation roles and responsibilities to those private and governmental , bodies which operate in the planning area and have interests in carrying out this goal and in supporting and coordinating regional and local economic plans and programs, .... - 16. , ~ . GOAL 10: HOUSING ., , 10 provide for the hous~g ~eeds of citizen~ of the ~tate. 2, Plans should be developed in a manner that insures the Buildable lands for residentIal use shall be mventoned and provision of appropriate types and amoWlts of land within plans shall encow-age the availability of adequate numbers of urban growth boundaries. Such land should be necessary and needed housing units at price ranges and rent levels which are suitable for housing that meets the housing needs of house- coIJl1llensw-ate with the financial capabilities of Oregon holds of all income levels, households and allow for flexibility of housing location. type 3, Plans should provide for the appropriate type, location and and density, phasing of public facilities and services sufficient to support Buildabl4 Lands -- refers to lands in w-ban and w-banizable housing development in areas presently developed or Wlder- areas that are suitable, available and necessary for residential going development or redevelopment. use, 4, Plans providing for housing needs should consider as a major Government-Assisted Housing -- means housing that is determinant the carrying capacity of the air, land and water fInanced in whole or part by either a federal or state housing resources of the planning area. The land conservation and agency or a local housing authority as defmed in ORS 456.005 development actions provided for by such plans should not to 456,720, or housing that is occupied by a tenant or tenants exceed the carrying capacity of such resources. who benefit from rent supplements or housing vouchers - . provided by either a federal or state housing agency or a local B. IMPLEMENTATION housing authority. 1. Plans should provide for a continuing review of housing need Household -- refers to one or more persons occupying a projections and should establish a process for accommodating single housing unit. needed revisions. Manufactured Homes -- means structures with a Depart- 2. Plans should take into aCcOlmt the effects of utilizing fin,anciai ment of Housing and Urban Development (HUD) label incentives and resources to (a) stimulate the rehabilitation of certifying that the structure is constructed in accordance with substandard housing without regard to the financial capacity the National Manufactured Housing Construction and Safety of the owner so long as benefits accrue to the occupants; and Standards Act of 1974 (42 USC 5401 et seq.), as amended on (b) bring into compliance with codes adopted to assure safe August 22, 1981, and sanitary housing the dwellings of individuals who cannot ~() NeededHousing Una -- means housing types determined on their own afford to meet such codes, to meet the need shown for housing within an w-ban growth 3, Decisions on housing development proposals should be boundary at particular price ranges and rent levels, On and expedited when such proposals are in accordance with zoning after the begirming of the first periodic review of a local ordinances and with provisions of comprehensive plans, government's acknowledged comprehensive plan. "needed 4. Ordinances and incentives should be used to increase popula- housing writs" also includes government-assisted housing. For tion densities.in w-ban areas taking into consideration (1) key cities having populations larger than 2,500 people and COWlties facilities, (2) the economic, environmental, social and energy having populations larger than 15,000 people, "needed housing consequences of the proposed densities and (3) the optimal units" also includes (but is not limited to) attached and de- use of existing w-ban land particularly in sections containing tached single-family housing, multiple-family housing, and significant amounts ofunsoWld substandard structures, manufactured homes, whether occupied by owners or renters, 5, Additional methods and devices for achieving this goal should, after consideration of the impact on lower income households, include, but not be limited to: (1) tax incentives GUIDELINES and disincentives; (2) building and construction code revision; (3) zoning and land use controls; (4) subs~dies and loans; (5) A. PLANNING fee and less-than-fee acquisition techniques; (6) enforcement 1. In addition to inventories of buildable lands, housing of local health and safety codes; and (7) coordination of the development of w-ban facilities and services to disperse low elements of a comprehensive plan should, at a minimum, income housing throughout the planning area. include: (1) a comparison of the distribution of the existing 6, Plans should provide for a detailed management program to population by income with the distribution of available housing writs by cost; (2) a determination of vacancy rates, assign respective implementation roles and responsibilities to those governmental bodies operating in the planning area and both overall and at varying rent ranges and cost levels; (3) having interests in carrying out the goal. -> a determination of expected housing demand at varying rent ranges and cost levels; (4) allowance for a variety of densities and types of residences in each community; and at (5) an inventory of soWld housing in w-ban areas including units capable of being rehabilitated. - 17 - .--- GOAL 11 : PUBLIC FACiliTIES AND SERVICES t To plan and develop a timely, orderly and efficient arrange- GUIDELINES ment of public facilities and services to serve as a framework for urban and rural development. Urban and rural development shall be guided and supported A. PLANNING by types and levels of urban and rural public facilities and 1. Plans providing for public facilities and services should be services appropriate for, but limited to, the needs and require- coordinated with plans for designation of urban boundaries, ments of the urban, urbanizable, and rural areas to be served. A urbanizable land, rural uses and for the transition of rural land provision for key facilities shall be included in each plan. Cities to urban uses. or counties shall develop and adopt a public facility plan for areas 2. Public facilities and services for rural areas should be provided within an urban gro\Vth boundary containing a population greater at levels appropriate for rural use only and should not support than 2,500 persons. To meet current and long-range needs, a urban uses. provision for solid waste disposal sites, including sites for inert 3. Public facilities and services in urban areas should be provided waste, shall be included in each plan. at levels necessary and suitable for urban .uses. Counties shall develop and adopt community public facility 4. Public facilities and services in urbanizable areas should be plans regulating facilities and services for certain unincorporated provided at levels necessary and suitable for existing uses. The communities outside urban growth boundaries as specified by provision for future public facilities and services in these areas Commission rules. should be based upon: (1) the time required to provide the Counties shall not allow the establishment of new sewer service; (2) reliability of service; (3) [mancial cost; and '(4) systems outside urban growth boundaries or unincorporated levels of service needed and desired. community boundaries, or allow new extensions of sewer lines 5. A public facility or service should not be provided in an from within urban gro\';th boundaries or unincorporated commu- urbanizable area unless there is provision for the coordinated nity boundaries to land outside those boundaries. development of all the other urban facilities and services For land that is outside urban growth boundaries and unincor- appropriate to that area. porated conununity boundaries, county land use regulations shall 6. All utility lines and facilities should be located on or adjacent not rely upon the establishment or extension of a water system to to existing public or private rights-of-way to avoid dividing authorize a higher residential density than would be authorized existing farm units. without a water system. 7. Plans providing for public facilities and services should consider , In accordance with ORS 197.180 and Goal 2, state agencies as a major determinant the carrying capacity of the air, land and that provide funding for transportation, water supply, sewage and water resources of the planning area. The land conservation and solid waste facilities shall identify in their coordination programs development action provided for by such plans should not how they will coordinate that funding with other state agencies exceed the carrying capacity of such resources. and \,ith the public facility plans of cities and counties. A Timely, Orderly and Efficient Arrangement - refers to a B, IMPLEMENTATION system or plan that coordinates the type, locations and delivery of 1. Capital improvement programming and budgeting should be public facilities and services in a manner that best supports the utilized to achieve desired types and levels of public facilities existing and proposed land uses. and services in urban, urbanizable and rural areas, Rural FaciliJies and Services - refers to facilities and 2, Public facilities and services should be appropriate to support ser,ic.es suitable and appropriate solely for the needs of rural sufficient amounts of land to maintain an adequate housing lands. market in areas undergoing development or redevelopment. Urban FaciliJies and Services - Refers to key facilities and 3. The level of key facilities that can be provided should be to appropriate types and levels of at least the following: police considered. as a principal factor in planning for various densities protection; sanitary facilities; stonn drainage facilities; planning, and types of urban and rural land uses. zoning and subdivision control; health services; recreation 4. Plans should designate sites of power generation facilities and facilities and ser,;ces; energy and communication services; and the location of electric transmission lines in areas intended to cornmunity governmental services. support desired levels of urban and rural development. Public Facilities Plan - A public facility plan is a support 5. Additional meth<Xis and devices for achieving desired types and document or documents to a comprehensive plan, The facility levels of public facilities and services should include but not be plan descnbes the water, sewer and transportation facilities which limited to the following: (1) tax incentives and disincentives. are to support the land uses designated in the appropriate (2) land use controls and ordinances; (3) multiple use and join; acknowledged comprehensive plan or plans within an urban development practices; (4) fee and less-than-fee acquisition growth boundary containing a population greater than 2,500. teclmiques; and (5) enforcement of local health and safety Community Public Facilities Plan - A support document or codes. docurnents to a comprehensive plan applicable to specific 6. Plans should provide for a detailed management program to un,mcorporated communities outside UGBs. The community assign respective implementation roles and responsibilities to puolrc lactlny plan describes the water and sewer services and those governmental bodies operating in the planning area and , I?Cllitles wiuch are to support the land uses designated in the plan having interests in carrying out the goal. .:. tor t..'1e unmcorporated community. Water system -- means a systems for the provision of piped water for hwnan consumption subject to regulation under ORS JJ8.1 ! 9 to 448.285. . 18. . ~ GOAL 12: TRANSPORT A TION .. To provide and encourage a safe, convenient and Conservation Service unless no feasible alternative economic transportation system. exists, A transportation plan shall (1) consider all modes of 4. Major transportation facilities should avoid dividing transportation including mass transit, air, water, pipeline, exi,sting economic farm units and urban social units rail, highway, bicycle and pedestrian; (2) be based upon . unless no feasible alternative exists. an inventory of local, regional and state transportation 5. Population densities and peak hour travel patterns of needs; (3) consider the differences in social consequences existing and planned developments should be considered that would result from utilizing differing combinations of in the choice of transportation modes for trips taken by transportation modes; (4) avoid principal reliance upon persons. While high density developments with concen- anyone mode of transportation; (5) minimize adverse trated trip origins and destinations should be designed to social, economic and environmental impacts and costs; be principally served by mass transit, low-density (6) conserve energy; (7) meet the needs of the transporta- developments with dispersed origins and destinations tion disadvantaged by improving transportation services; , should be principally served by the auto, (8) facilitate the flow of goods and services so as to 6. Plans providing for a transportation system should strengthen the local and regional economy;. and (9) consider as a major determinant the carrying capacity of conform with local and regional comprehensive land use the air, land and water resources of the planning area. plans, Each plan shall include a provision for transporta- The land conservation and development actions' pro- tion as a key facility. vided for by such plans should not exceed the carrying Transportation -- refers to the movement of people and capacity of such resources. goods, Transportation Facility -- refers to any physical facility B. IMPLEMENTATION that moves or assists in the movement of people and 1. The number and location of major transportation . goods excluding electricity, sewage and water, facilities should conform to applicable state or local land Transportation System -- refers to one or more transpor- use plans and policies designed to direct urban expan- tation facilities that are planned, developed, operated sion to areas identified as necessary and suitable for and maintained in a coordinated manner to supply urban development. The planning and development of continuity of movement between modes, and within transportation facilities in rural areas should discourage and between geographic and jurisdictional areas, urban growth while providing transportation service Mass Transit -- refers to any form of passenger transpor- necessary to sustain rural and recreational uses in those tation which carries members of the public on a areas so designated in the comprehensive plan, regular and continuing basis, 2. Plans for new or for the improvement of major transpor- Transportation Disadvantaged -- refers to those indi- tation facilities should identify the positive and negative viduals who have difficulty in obtaining transportation impacts on: (1) local land use patterns, (2) environmen- because of their age, income, physical or mental tal quality, (3) energy use and resources, (4) existing disability, transportation systems and (5) fiscal resources in a manner sufficient to enable local governments to ratio- GUIDELINES nally consider the issues posed by the construction and operation of such facilities, A. PLA.1\INING 3, Lands adjacent to major mass transit stations, freeway 1. All current area-wide transportation studies and plans interchanges, and other major air, land and water should be revised in coordination with local and terminals should be managed and controlled so as to be regional comprehensive plans and submitted to local consistent \',ith and supportive of the land use and and regional agencies for review and approval, development patterns identified in the comprehensive 2. Transportation systems, to the fullest extent possible, plan of the jurisdiction within which the facilities are should be planned to utilize existing facilities and located, rights-of-way within the state provided that such use 4. Plans should provide for a detailed management pro- tt.) is not inconsistent with the environmental, energy, gram to assign respective implementation roles and land-use, economic or social policies of the state. responsibilities to those governmental bodies operating 3. No major transportation facility should be planned or in the planning area and having interests in carrying out developed outside urban boundaries on Class 1 and the goal. .:- II agricultural land, as defmed by the U.S, Soil - 19 - . - GOAL 13: ENERGY CONSERVATION .- To conserve energy. 5. Plans directed toward energy conservation within the planning area should consider as a major determinant Land and uses developed on the land shall be managed the existing and potential capacity of the renewable and controlled so as to maximize the conservation of all energy sources to yield useful energy output. Renewable fonns of energy, based upon sOWld economic principles. energy sources include water, sunshine, wind, geother- mal heat and municipal, forest and fann waste, When- ever possible, land conservation and development actions provided for Wlder such plans should utilize GUIDELINES renewable energy sources. A. PLANNING I. Priority consideration in land use planning should be B. IMPLEMENTATION given to methods of analysis and implementation I. Land use plans should be based on utilization of the measures that will assure achievement of maxiJnwn following techniques and implementation devices which efficiency in energy utilization, can have a material impact on energy efficiency: 2. The allocation ofland and uses permitted on the land a. Lot size, dimension, and siting controls; should seek to minimize the depletion of b, Building height, bulk and surface area; non-renewable sources of energy, c, Density of uses, particularly those which relate to 3. Land use planning should, to the maximwn extent housing densities; possible, seek to recycle and re-use vacant land and d. Availability of light, wind and air; those uses which are not energy efficient. e, Compatibility of and competition between competing 4. Land use planning should, to the maximwn extent land use activities; and - possible, combine increasing density gradients along f. Systems and incentives for the collection, reuse and It high capacity transportation corridors to achieve recycling of metallic and nonmetallic waste, .... greater energy efficiency. " - 20- . GOAL 14: URBANIZATION ., To provide for an orderly and efficient transition from by Commission rules which ensure such uses do not: rural to urban land use. (I) adversely affect agricultural and forest operations, and (2) interfere with the efficient functioning of urban growth Urban gro\\'th bowl<laries shall be established to identify and boundaries, separate urbanizable land from rural land, Establishment GUIDELINES and change of the boundaries shall be based upon consider- ations of the following factors: (1) Demonstrated need to accommodate long-range urban A. PLANNING population growth requirements consistent with 1. Plans should designate sufficient amounts of urbanizable LCDC goals; land to accommodate the need for further urban expansion, (2) Need for housing, employment opportunities, and taking into account (1) the growth policy of the area, livability; (2) the needs of the forecast population, (3) the carrying (3) Orderly and economic provision for public facilities capacity of the planning area, and (4) open space and and services; recreational needs. (4) Maximum efficiency of land uses Within and on the 2. The size of the parcels of urbanizable land that are con- fringe of the existing urban area; verted to urban land should be of adequate dimension so as (5) Environmental, energy, economic and social corise- to maximize the utility of the land resource and enable the quences; logical and efficient extension of services to such parcels. (6) Retention of agricultural land as defined, with Class 3. Plans providing for the transition from rural to urban land I being the highest priority for retention and Class VI use should take into consideration as to a major determi- the lowest priority; and, nant the carrying capacity of the air, land and water (7) Compatibility of the proposed urban uses with nearby resources of the planning area, The land conservation and agricultural activities. development actions provided for by such plans should not The results of the above considerations shall be included in exceed the carrying capacity of such resources. . the comprehensive plan, In the case of a change of a B. IMPLEMENTATION boundary, a governing body proposing such change in the 1. The type, location and phasing of public facilities and boundary separating urbanizable lands from rural land, shall services are factors which should be utilized to direct urban follow the procedures and requirements as set forth in the expansion. Land Use Planning goal (Goal 2) for goal exceptions, 2. The type, design, phasing and location of major public Any urban growth boundary established prior to January transportation facilities (i,e., all modes: air, marine, rail, 1 1975 which includes rural lands that have not been built mass transit,. highways, bicycle and pedestrian) and ' , upon shall be reviewed by the governing body, utilizing the improvements thereto are factors which should be utilized same factors applicable to the establishment or change of to support urban expansion into urbanizable areas and urban growth boundaries, restrict it from rural areas. Establishment and change of the boundaries shall be a 3, Financial incentives should be provided to assist in main- cooperative process between a city and the county or taining the use and character of lands adjacent to counties that surround it, urbanizable areas, Land within the boundaries separating urbanizable land 4. Loca1land use controls and ordinances. should be mutually from rural land shall be considered available over time for supporting, adopted and enforced to integrate the ~, urban uses. Conversion of urbanizable land to urban uses timing and location of public facilities and services m a shall be based on consideration of: manner to accommodate increased public demands as (1) Orderly, economic provision for public facilities and urbanizable lands become more urbanized. services; 5. Additional methods and devices for guiding urban land use (2) Availability of sufficient land for the various uses to should include but not be limited to the following: (1) tax insure choices in the market place; incentives and disincentives; (2) multiple use and joint (3) LCDC goals or the acknowledged comprehensive development practices; (3) fee and less-than-fee acqui~ition plan; and, techniques; and (4) capital improvement programnung. (4) Encouragement of development within urban areas 6. Plans should provide for a detailed management program before conversion of urbanizable areas, to assign respective implementation roles and responsib,ili- " In unincorporated communities outside urban growth ties to those goverrunental bodies operating in the plannmg area and having'interests in carrying out the goal. .:. bounctaries counties may approve uses, public facilities and services more intensive than allowed on rural lands by Goal 11 and 14, either by exception to those goals, or as provided - 21 - ~- - GOAL 15: WILLAMETTE RIVER GREENWAY " To protect, conserve, enhance and maintain the natural, 7. Fish and wildlife habitats; scenic, historical, agricultural, economic and recreational 8. Areas of annual flooding and flood plains; qualities of lands along the Willamette River as the 9. Land currently conunitted to industrial, commercial and Willamette River Greenway. residential uses; A. GENERAL 10. The ownership of property, including riparian rights; 1, The qualities 6fthe Willamette River Greenway shall be II. Hydrological conditions; protected, conserved, enhanced and maintained consistent with 12. Ecologically fragile areas; the lawful uses present on December 6, 1975. Intensification 13. Recreational needs as set forth in Goal 8; of uses , changes in use or developments may be pennitted after 14. Other uses of land and water in or near the Greenway; this date only when they are consistent with the Willamette 15. Acquisition areas which include the identification of areas Greenway Statute, this goal, the interim goals in ORS suitable for protection or preservation through public 215.515(1) and the statewide-planning goals, as the case may acquisition oflands or an interest in land. Such acquisition be, and when such changes have been approved as provided in areas shall include the following: the Preliminary Greenway Plan or similar provisions in the a. Areas which may suitably be protected by scenic ease- completed plan as appropriate. ments; 2. The Willamette Greenway Program shall be composed b. Scenic and recreational land for exclusive use of the of cooperative local and state government plans for the public; protection, conservation,enhancement and maintenance of the c. Sites for the preservation and restoration of historic places; Greenway, and of implementation measures including manage- d. Public access conidor; ment through ordinances, rules, regulations, .pennits, grants as e, Public parks; well as acquisition and development of property, etc. It shall f. Ecologically fragile areas; and also become a part of all other local and state plans and g. Other areas v/hich are desirable for public acquisition may programs within and near the Greenway. also be identified if the reasons for public acquisition for 3. The Greenway Program shall include: the Greenway are also identified. a. Boundaries within which special Greenway consider- , ations shall be taken into account; C. CONSIDERA nONS AND REQUIREMENTS b. Management of uses on lands within and near the The Oregon DePartment of Transportation (DOT) Greenway Greenway to maintain the qualities of the Greenway; Plan, the portions of each city and county comprehensive plan c. Acquisition oflands or interests in lands from a donor or within the Greenway, and the portions of plans and programs and willing seller or as otherwise provided by law in areas implementation measures of all special districts, state and federal where the public's need can be met by public ownership. agencies within the Greenway shall be based on the following B. INVENTORIES AND DATA factors: Infonnation and data shall be collected to detennine the 1. General Considerations and Requirements nature and extent of the resources, uses and rights associated a. Statutory requirements in ORS Chapter 390.010 to directly with the Willamette River Greenway, These invento- 390.220 and in ORS Chapter 390.310 to 390.368; ries are for the purpose of detennining which lands are suitable b. City, .county and regional comprehensive plans adopted or necessary for inclusion within the Willamette River pursuant to ORS Chapter 197 for jurisdictions along the Greenway Boundaries and to develop the plans and manage- nver; ment and acquisition programs. c. Statewide planning goals and guidelines adopted pursuant Each of the following items shall be inventoried' as it relates to ORS Chapter 197 by LCDC; to the Greenway objectives: d. Interim goals set forth in ORS Chapter 21 5.515( 1). I. All agricultural lands as provided in Goal 3. This includes 2. Boundary Considerations and Requirements.' all land currently in farm use as defmed in ORS Chapter The temporary and preliminary Greenway boundaries shall be 215.203(2); reviewed as to their appropriateness and refmed as needed based 2. All current aggregate excavation and processing sites, and on the infonnation contained in the inventories. The refmed all knO\\TI extractable aggregate sources; boundaries shall include such lands along the Willamette River 3. All current public recreation sites, including public access as are necessary to carry out the pWlJose and intent of the points to the river and hunting and fishing areas; 4. Historical and archaeological sites; , See ORS Chapter 390.318(1) for specific SlalutOf)' llU\guage..."Therc ahJll be 5. Timber resources; included within the bo~ of the Willamelte River ~way alllanw lituation ....ith ISO feet from the ordinary low water line on each side of each channel of the 6. Significant natural and scenic areas, and vegetative cover; WilllmCt1c RiyCl" llIld m;h other IAndJ along the Willamettc River u the department . and uniLl of local 80vernment cOlUider neceuary for the development of such Greenway; however, the toul area included within the boUl1darica of such I \Vhen informauon on such itemJ is not available through previo\U INdica, Greenway .hall not exceed, on the average, 320 1Cl"C1 per river mile alon8 the :niormatioo will be maintained by the agencica for thOJC portioN of the plan for Willamettc River, however, for the pW1X>>e of ccmputing the maximum acruge of ....hich they arc rc'poMible. Thi. requirement shan not limit unilJ of government Imla within suoh Grcem>.'ay, the acreage of 181lw situated on such islanw and within from collecting infonnation on other itenu, rtalc parkJ and recreation arclJ shan be excluded." . 22- Willamette River Greenway through a coordinated manage- within a brief period of time; ment and acquisition program. i. Aggregate extraction -- Extraction of known aggregate .. Within fann areas. consideration shall be given to the ability deposits may be permitted when compatible with the of agricultural land adjacent to the Willamette River Greenway purposes of the Willamette River Greenway and when to enhance and protect the Greenway. economically feasible, subject to compliance with ORS 3. Use Management Considerations and Requirements. 541.605 to 541.695; ORS 517.750 to 517.900 and subject Plans and implementation measures shall provide for the to compliance with local regulations designed to minimize following: adverse effects on water quality, fish and wildlife, vegeta- a. Agricultural lands -- The agricultural lands identified tion, bank stabilization, streamflow, visual quality, noise, in the. inventory shall be preserved and maintained as safety and to guarantee necessary reclamation; provided in Goal 3 as an effective means to carry out the j. Development away from river -- Developments shall be purposes of the Greenway including those agricultural directed away from the river to the greatest possible lands near the Greenway. Lands devoted to farm use degree; provided, however, lands committed to urban uses which are not located in an exclusive farm use zone shall within the Greenway shall be permitted to continue as be allowed to continue in such farm use without restric- urban uses, including port, industrial, commercial and tion as provi~ed In ORS 390.314(2)(c), ORS residential uses, uses pertaining to navigational require- 390.332(4) and ORS 390.334(2); ments, water and land access needs and related facilities; b. Recreation-- k. Greenway setback .- A setback line will be established (1) Local, regional and state recreational needs shall to keep structures separated from the river in order to be provided for consistent with the carrying protect, maintain preserve and enhance the natural, scenic, capacity of the land; historic and recreational qualities of the Willamette River (2) Zoning provisions shall allow recreational uses Greenway, as identified in the Greenway Inventories, The on lands to the extent that such use would not setback line shall not apply to water-related or substantially interfere with the long-term capacity water-dependent uses, of the land for farm use are defined in ORS 215.203; 4. Areas to be Acquired - Considerations and Require- (3) The possibility that public recreation use might ments disturb adjacent property shall be considered and Areas to be acquired must: . minimized to the greatest extent practicable; a. Have potential to serve the purposes of the Greenway; (4) The public parks established by section 8a of b. To the maximum extent practicable, be consistent with Chapter 558, 1973 Oregon Laws, shall be set non-interference or non-interruption of farm uses as forth in Oregon Laws, shall be set forth on the defined in ORS Chapter 215,203(2); appropriate comprehensive plans and zoning c. Be suitable for permitting the enforcement of existing established which will permit their development, statutes relating to trespass and vandalism along the use and maintenance; Greenway, and be suitable for allowing maintenance of the c. Access -- Adequate public access to the river shall be lands or interests acquired, provided for, with emphasis on urban and urbanizable areas; D. DOT GREENWAY PLAN d. Fish and wildlife habitat -- Significant fish and wildlife The DOT will prepare and keep current, through appropriate habitats shall be protected; revisions, a Greenway Plan setting forth the state interests in the e. Scenic qualities and views -- identified scenic qualities Greenway. The plan will show: and viewpoints shall be preserved; l. The boundaries of the WiIlamette River Greenway; f. Protection and safety -- The Willamette River 2, The boundaries of the areas in which interests in property Greenway Program shall provide for the maintenance of may be acquired, These shall be depicted clearly on maps or public safety and protection of public and private photographs together with the nature of the acquisition such as property, especially from vandalism and trespass in both fee title or scenic easement; the general public purposes of each rural and urban areas to the maximum extent practicable; .such area, and the conditions under which such acquisition may g. Vegetative fringe -- The natural vegetative fringe along occur. the River shall be enhanced and protected to the maxi- 3. Use Intensity Classifications for the areas acquired by the mum extent practicable; State for Greenway purposes; and h. Timber resource -- The partial harvest of timber shall 4. The locations of public access, either already existing or to be permitted beyond the vegetative fringes in areas not be acquired. covered by a scenic easement when the harvest is The DOT plan or revision thereto will be reviewed by the consistent with an approved plan under the Forest Land Conservation and Development Conunission (LCDC) as . Practices Act, or, if not covered by the Forest Practices provided in ORS 390.322. When the Conunission has deter- Act, then with an approved plan under the Greenway mined that the revision is consistent with the statutes and this compatibility review provisions. Such plan shall insure goal it shall approve the plan for recording, that the natural scenic qualities of the Greenway will be maintained to the greatest extent practicable or restored - 23 - II - .. E. COMPREHENSIVE PLANS OF CITIES AND COUN- (2) Necessary public access will be provided to and , TIES along the river by appropriate legal means; Each city and county in which the Willamette River c. Provision is made for at least one public hearing on each Greenway is located, shall incorporate the portions of the application to allow any interested person an opportunity approved DOT Greenway Plan in its comprehensive plan and to speak; implementing ordinances and other implementation measures. d, Provision is made for giving notice of such hearing at least 1. Boundaries: Boundaries of the approved Willamette to owners of record of contiguous property and to any River Greenway shall be shown on every comprehensive plan, individual or groups requesting notice; and 2. Uses: Each comprehensive plan shall designate the uses e, Provision is made to allow the imposing of conditions on to be permitted for the rural and urban areas of each jurisdic- the permit to cany out the purpose and intent of the tion, which uses shall be consistent with the approved DOT WiJ1amette River Greenway Statutes, Greenway Plan, the Greenway Statutes and this Goal. f, As an alternative to the review procedures in subpara- 3. Acquisition Areas: Each comprehensive plan shall graphs 3(a) to 3(e), a city or county governing body may designate areas identified for possible public acquisition and prepare and adopt, after public hearing and notice thereof the conditions under which such acquisition may occur as set to DOT, a design plan and administrative review proce- forth in the approved DOT Willamette Greenway Plan and any dure for a portion of the Greenway, Such design plan must other area which the city or county intends to acquire. provide for findings equivalent to those required in subparagraphs 3(b)(l) and (2) of paragraph F so as to F. .IMPLEMENT A TION MEASURES insure compatibility with the Greenway of proposed Implementation of the Greenway Program shall occur intensification, changes of use or developments, If this through the cooperative efforts of state and local units of alternative procedure is adopted and approved by DOT government and shall be consistent with the approved DOT and LCDC, a hearing will not be required on each individ- Greenway Plan and the city and county comprehensive plans, ual application. the goals and appropriate statutes. 1. Boundaries: Willamette River Greenway boundaries G. NOTICE OF PROPOSED INTENSIFICATION, shall be shown on city and county zoning maps and referred to CHANGE OF USE OR DEVELOPMENT in the zoning ordinance and the subdivision ordinance. Govenunent agencies, including cities, counties, state . 2, Uses: Measures for managing uses within the Greenway agencies, federal agencies, special districts, etc., shall not shall include at least: authorize or allow intensification, change of use or development a. Exclusive fann use zoning of all agricultural land within on lands within the boundaries of the Willamette River Greenway ., and adjacent to the Greenway; compatibility review area established by cities and counties as b. Flood plain zoning of all areas subject to flooding; required by paragraph F 3,a, without first giving written notice to c. Open space zoning (see ORS Chapter 308.740) of all the DOT by immediately forwarding a copy of any application by open space areas; and certified mail--return receipt requested. Notice of the action d. Provisions for the use management considerations and taken by federal, state, city, county, and special districts on an requirements set forth in C3 of this Goal. application shall be fiunished to DOT, 3. Greenway Compatibility Review: Cities and counties shall establish provisions by ordinance for the review of H. AGENCY JURISDICTION intensifications, changes of use or developments to insure their Nothing in this order is intended to interfere with the duties, compatibility with the Willamette River Greenway. Such powers and responsibilities vested by statute in agencies to ordinances shall include the matters in a through e below: control or regulate activities on lands or waters within the a. The establishment of Greenway compatibility review boundaries of the Greenway so long as the exercise of the boundaries adjacent to the river within which review of authority is cmsistent with the legislative policy set forth in ORS developments shall take place. Such boundaries in urban 390.310 to 390,368 and the applicable statewide planning goal areas shall be not less than 150 feet from the ordinary for the Willamette River Greenway, as the case may be. An low water line of the Willamette River; in rural areas agency receiving an application for a permit to conduct an such boundaries shall include all lands within the activity on lands or waters within the Greenway shall immedi- boundaries of the Willamette River Greenway; ately forward a copy of such request to the Department of b. The review of intensification, changes of use and devel- Transportation. opments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the I. DOT SCENIC EASEMENTS Greenway statutes and to insure that the best possible Nothing in this Goal is intended to alter the authority of DOT appearance, landscaping and public access are provided. to acquire property or a scenic easement therein as set forth in . Such review shall include the following findings, that to ORS 390.310 to 390.368, the greatest possible degree: (1) The intensificaticm, change of use or development J. TRESPASS BYPUBUC C will provide the maximum possible landscaped Nothing in this Goal is intended to authorize public use of area, open space or vegetation between the private property. Public use of private property is a trespass activity and the river; unless appropriate easements and access have been acquired in - 24. < - aJlowance with law to authorize such use. developmental and locational factors include such matters as . ports, industrial, commercial, residential or recreational uses of -' K. DEFINITIONS FOR WILLAMETIE RIVER property, the effect these existing uses have on properties in their GREENWAY GOAL vicinity, previous public decisions regarding the land in question, 1. Change of Use means making a different use of the land as contained in ordinances and such plans as the Lower or water than that which existed on December 6, 1975. It Willamette River Management Plan, the city or county compre- includes a change which requires construction, alterations of hensive plans and similar public actions. the land, water or other areas outside of existing buildings or 3. IntensifICation means any additions which increase or structures and which substantially alters or affects the land or expand the area or amount of an existing use, or the level of water. It does not include a change of use of a building or other activity, Remodeling of the exterior of a structure not excluded structure which does not substantially alter or affect the land or below is an intensification when it will substantially alter the water upon which it is situated, Change of use shall not include appearance of the structure, Intensification shall not include the the completion of a structure for which a valid permit had been completion of a structure for which a valid permit was issued as issued as of December 6, 1975 and under which permit of December 6, 1975 and under which permit substantial substantial construction has been undertaken by July 1, 1976. construction has been undertaken by July I, 1976, Maintenance The sale of property is not in itself considered to be a change of and repair usual and necessary for the continuance of an existing use, An existing open stOrage area shall be considered to be the. use is not an intensification of use. Reasonable emergency same as a building, procedures necessary for the safety or the protection of property Landscaping, construction of driveways, modifications of are not an intensification of use, Residential use of lands within existing structures, or the construction or placement of such the Greenway includes the practices and activities customarily subsidiary structures or facilities as are usual and necessary to related to the use and enjoyment of one's home, Landscaping, the use and enjoyment of existing improvements shall not be construction of driveways, modification of existing struc~es or considered a change of use for the purposes of this Goal. construction or placement of such subsidiary structures or 2, Lands Committed to Urban Use means those lands facilities adjacent to the residence as are usual and necessary to upon which the economic, developmental and locational factors such use and enjoyment shall not be considered an intensification have, when considered together, made the use of the property for the purposes of this Goal. Seasonal increases in gravel for other than urban purposes inappropriate. Economic, operations shall not be considered an intensification of use. .:. fI fI . 2S - .- GOAL 16: ESTUARINE RESOURCES , To recognize and protect the unique environmental, agencies or units of govenunent, or data between estuaries, will economic, and social values of each estuary and auociated be comparable, wetlands; and To protect, maintain, where appropriate develop, and COMPREHENSIVE PLAN REQUIREMENTS where appropriate restore the long-term environmental, Based upon inventories, the limits imposed by the overall Oregon economic, and social values, diversity and ben~fits of Estuary Classification, and needs identified in the planning Oregon's estuaries. process, comprehensive plans for coastal areas shall: ~ 1, Identify each estuarine area: Comprehensive management programs to achieve these 2, Describe and maintain the diversity of important and objectives shall be developed by appropriate local, state, and unique environmental, economic and social features within the federal agencies for all estuaries, estuary; To assure diversity among the estuaries of the State, by June 3, Classify the estuary into management units; and 15, 1977, LCDC with the cooperation and participation of local 4. Establish policies and use priorities for each management governments, special districts, and state and federal agencies unit using the standards and procedures set forth below, shall classifY the Oregon estuaries to specify the most intensive 5. Consider and describe in the plan the potential cumulative level of development or alteration which may be allowed to impacts of the alterations and development activities envisioned. occur within each estuary. After completion for all estuaries of Such a description may be general but shall be based on the best the inventories and initial planning efforts, including identifica- available infonnation and projections, tion of needs and potential conflicts among needs and goals and upon request of any coastal jurisdiction, the Commission will MANAGEMENT UNITS review the overall Oregon Estuary Classification, Diverse resources, values, and benefits shall be maintained by Comprehensive plans and activities for each estuary shall classifying the estuary into distinct water use management units. provide for appropriate uses (including preservation) with as When classifying estuarine areas into management units, the much diversity as is consistent with the overall Oregon Estuary following shall be considered in addition to the inventories: . Classification, as well as with the biological economic, 1. Adjacent upland characteristics and existing land uses; recreational, and aesthetic benefits of the estuary. Estuary plans 2, Compatibility with adjacent uses; and activities shall protect the estuarine ecosystem, including 3. Energy costs and benefits; and its natural biological productivity, habitat, diversity, unique 4, The extent to which the limited water sunace area of the features and water quality. estuary shall be committed to different surface uses. The general priorities (from highest to lowest) for manage- As a minimum, the following kinds of management units shall ment and use of estuarine resources as implemented through be established: the management unit designation and pennissible use require- ments listed below shall be: 1. Natural -- in all estuaries, areas shall be designated to 1. Uses which maintain the integrity of the estuarine assure the protection of significant fish and wildlife habitats, of ecosystem; continued biological productivity within the estuary, and of 2. Water-dependent uses requiring estuarine location, as scientific, research, and educational needs. These shall be consistent with the overall Oregon Estuary Classification; managed to preserve the natural resources in recognition of 3. Water-related uses which do not degrade or reduce the dynamic, natural, geological, and evolutionary processes, Such natural estuarine resources and values; areas shall include, at a minimum, all major tracts of salt marsh, 4. Nondependent, nonrelated uses which do not alter, tideflats, and seagrass and algae beds. reduce or degrade estuarine resources and values, Permissible uses in natural management units shall include the following: L"I"VEl'iiORY REQUIREMENTS a. undeveloped low-intensity, water-dependent recreation; Inventones shall be conducted to provide infonnation neces- b. research and educational observations; Sill)' for designatmg estuary uses and policies. These invento- c. navigation aids, such as beacons and buoys; ries shall provide infonnation on the nature, location, and d. protection of habitat, nutrient, fish, wildlife and aesthetic extent of physical. biological, social, and economic resources resources; in sufficic:1t detail to establish a sound basis for estuarine e. passive restoration measures; manager:1c"t and to enable the identification of areas for f. dredging necessary for on-site maintenance of existing preSerYa:1011 and areas of exceptional potential for develop- functional tidegates and associated drainage channels and e ment. bridge crossing support structures; State :::nd federal agencies shall assist in the inventories of g. riprap for protection of uses existing as of October 7. estuanne iC,;ources. The Department of Land Conservation and 1977, unique natural resources, historical and archeologi- ( . Dc\'e!o~menl \\ith assistance from local govenunent, state and cal values; and public facilities; and federal agencies, shall establish corrunon inventory standards . h. bridge crossings. and te.;hmques, so that inventory data collected by different .26. Where consistent with the resource capabilities of the area g, Temporary alterations. . and the purposes of this management unit the following uses A use or activity is consistent with the resource capabilities of ., may be allowed: the area when either the impacts of the use on estuarine species, a. aquaculture which does not involve dredge or fill or habitats, biological productivity, and water quality are not other estuarine alteration other than incidental dredging significant or that the resources of the area are able to assimilate for harvest of benthic species or removable in-water the use and activity and their effects and continue to function in structures such as stakes or racks; a manner which conserves long-tenn renewable resources, b, communication facilities; natural biologic productivity, recreational and aesthetic values c. active restoration of fish and wildlife habitat or water and aquaculture. quality and estuarine enhancement; d, boat ramps for public use where no dredging or fill for 3. Development -- in estuaries classified in the overall navigational access is needed; and, Oregon Estuary Classification for more intense development or e, pipelines, cables and utility crossings, including inciden- alteration, areas shall be designated to provide for navigation and tal dredging necessary for their installation, other identified needs for public, commercial, and industrial f. installation of tide gates in existing functional dikes, water-dependent uses, consistent with the level of development g, temporary alterations. or alteration allowed by the overall Oregon Estuary Classifica- h, bridge crossing support structures and dredging neces- tion. Such areas shall include deep-water areas adjacent or in sary for their installation, proximity to the shoreline, navigation channels, subtidal. areas for A use or activity is consistent with the resource capabilities in-water disposal of dredged material and areas of minimal of the area when either the impacts of the use on estuarine biological significance needed for uses requiring alterations of . species, habitats, biological productivity and water quality are the estuary not included in (1) and (2) above, not significant or that the resources of the area are able to Permissible uses in areas managed for water-dependent assimilate the use and activity and their effects and continue to activities shall be navigation and water-dependent commercial function in a manner to protect significant wildlife habitats, and industrial uses, natural biological productivity, and values for scientific As appropriate the following uses shall also be permissible in research and education. development management units: a. Dredge or fill, as allowed elsewhere in the goal; 2. Conservation -- In all estuaries, except those in the b. Navigation and water-dependent commercial enterprises fI overall Oregon Estuary Classification which are classed for . and activities; preservation, areas shall be designated for long-term uses of c; Water transport channels where dredging may be neces- renewable resources th&t do not require major alteration of the sary; estuary, except for the purpose of restoration, These areas shall d, Flow-lane disposal of dredged material monitored to be managed to conserve the natural resources and benefits. assure that estuarine sedimentation is consistent with the These shall include areas needed for maintenance and enhance- resource capabilities and purposes of affected natural and ment of biological productivity, recreational and aesthetic uses, conservation management units, and aquaculture. They shall include tracts of significant habitat e. Water storage areas where needed for products used in or smaller or of less biological importance than those in (1) resulting from industry, commerce, and recreation; above, and recreational or commercial oyster and clam beds f. Marinas, . not included in (1) above. Areas that are partially altered and Where consistent with the purposes of this management unit adjacent to existing development of moderate intensity which and adjacent shorelands designated especially suited for wa- do not possess the resource characteristics of natural or ter-dependent uses or designated for waterfront redevelopment, development units shall also be included in this classification, water-related and nondependent, nonrelated uses not requiring Pennissible uses in conservation management units shall be dredge or fill; mining and mineral extraction; and activities all uses listed in (1) above except temporary alterations. identified in (1) and (2) above shall also be appropriate. Where consistent with the resource capahilities of the area In designating areas for these uses, local governments shall and the purposes of this management unit the following uses consider the potential for using upland sites to reduce or limit the may be allowed: commitnient of the estuarine surface area for surface uses, a. High-intensity water-dependent recreation, including boat ramps, marinas and new dredging for boat ramps IMPLEMENTATION REQUIREMENTS and marinas; 1. Unless fully addressed during the development and b. Minor navigational improvements; adoption of comprehensive plans, actions which would poten- c, Mining and mineral extraction, including dredging tially alter the estuarine ecosystem shall be preceded by a clear necessary for mineral extraction; presentation of the impacts of the proposed alteration. Such d. Other water dependent uses requiring occupation of activities include dredging, fill, in-water structures, riprap, log . water surface area by means other than dredge or fill; storage, application of pesticides and herbicides, water intake or e. Aquaculture requiring dredge or fill or other alteration of withdrawal and effluent discharge, flow-lane disposal of dredged the estuary; material, and other activities which could affect the estuary's f. Active restoration for purposes other than those listed in physical processes or biological resources. l(d), The impact assessment need not be lengthy or complex, but - 27 . ~./;'''- .- it should enable reviewers to gain a clear understanding of the sive plans shall designate and protect specific sites for mitigation . impacts to be expected. It shall include information on: which generally correspond to the types and quantity of intertidal a, The type and extent of alterations expected; area proposed for dredging or filling, or make findings demon- f' b. The type ofresource(s) affected; strating that it is not possible to do so. c, The expected extent of impacts of the proposed alter- 6, Local government and state and federal agencies shall ation on water quality and other physical characteristics develop comprehensive programs, including specific sites and of the estuary, living resources, recreation and aesthetic procedures for disposal and stock-piling of dredged materials. use, navigation and other existing and potential uses of These programs shall ezy;:.ourage the disposal of dredged material the estuary; and in uplands or ocean waters, and shall permit disposal in estuary d, The methods which could be employed to avoid or waters only where such disposal will clearly be consistent with minimize adverse impacts. the objectives of this goal and state and federal law. Dredged 2. Dredging and/or filling shall be allowed only: material shall not be disposed in intertidal or tidal marsh estua- a. If required for navigation or other water-dependent uses rine areas unless part of an approved fill project. that require an estuarine location or if specifically 7, Local government and state and federal agencies shall act allowed by the applicable management unit requirements to restrict the proliferation of individual single-PllI1'ose docks of this goal; and, and piers by encouraging community facilities common to several b, If a need (i.e., a substantial public benefit) is demon. uses and interests, The size and shape of a dock or pier shall be strated and the use or alteration does not unreasonably limited to that required for the intended use. Alternatives to docks interfere with public trust rights; and and piers, such as mooring buoys, dryland storage, and launching c. If no feasible alternative upland locations exist; and, ramps shall be investigated and considered, d. If adverse impacts are minimized. 8. State and federal agencies shall assist local government in Other uses and activities which could alter the estuary shall identifying areas for restoration, Restoration is appropriate in only be allowed if the requirements in (b), (c), and (d) are met. areas where activities have adversely affected some aspect of the Allor portions of these requirements may be applied at the estuarine system, and where it would contribute to a greater time of plan development for actions identified in the plan. achievement of the objective of this goal. Appropriate sites Otherwise, they shall be applied at the time of permit review. include areas of heavy erosion or sedimentation, degraded fish 3, State and federal agencies shall review, revise, and and wildlife habitat, anadromous fish spawning areas, abandoned . implement their plans, actions, and management authorities to diked estuarine marsh areas, and areas where water quality maintain water quality and minimize man-induced sedimenta. restricts the use of estuarine waters for fish and shellfish harvest f tion in estuaries, Local government shall recognize these and production, or for hwnan recreation, authorities in managing lands rather than developing new or 9, State agencies with plarming, permit, or review authorities duplicatory management techniques or controls, affected by this goal shall review their procedures and standards Existing programs which shall be utilized include: to assure that the objectives and requirements of the goal are fully a. The Oregon Forest Practices Act and Administrative addressed. In estuarine areas the following authorities are of Rules, for forest lands as defmed in ORS special concern: 527.610-527.730 and 527.990 and the Forest Lands Goal; Division of State Lands b. The programs of the Soil and Water Conservation Fill and Removal Law ORS 541.605- Commission and local districts and the Soil Conserva- 541,665 tion Service, for Agricultural Lands Goal; Mineral Resources ORS 273,551; c. The nonpoint source discharge water quality program ORS 273.775 - 273.780 administered by the Department of Environmental Submersible and Quality under Section 208 of the Federal Water Quality Submerged Lands ORS 274.005 - 274.940 Act as amended in 1972 (pL92-500); and d. The Fill and Removal Permit Program administered by Economic Development Department the Division of State Lands under ORS 541,605 - Ports Planning ORS 777.835 541.665. 4. The State Water Policy Review Board, assisted by the Water Resources Department staff of the Oregon Department of Water Resources, and the Appropriation of Water Oregon Department ofFish and Wildlife, the Oregon Depart- ORS 537,010-537.990; ment of Environmental Quality, the Division of State Lands, ORS 543,010-543.620 and the U.S, Geological Survey, shall consider establishing minimum fresh-water flow rates and standards so that re- Department of Crl!ology and Mineral Industries . sources and uses of the estuary, including navigation, fish and Mineral Extraction ORS 520,005- wildlife characteristics, and recreation, will be maintained, Oil and Gas Drilling ORS 520.095 CJ; 5. When dredge or fill activities are permitted in intertidal or tidal marsh areas, their effects shall be mitigated by creation, Department of Forestry restoration or en.~ancernent of another area to ensure that the Forest Practices Act ORS 527.610-527.730 integrity cft~e estl1ar1ne ecosystem is maintained. Comprehen- .28. ,..--- Depar;tment of Energy migrating and resident shorebirds, wading birds and Reguiation of Thennal wildlife; ., Power and Nuclear d. The ar~as important for recreational fishing and hunting, Installation ORS 469.300-469.570 mcludmg areas used for clam digging and crabbing; e. Estuarine wetlands; Department of Environmental Quality f. Fish and shellfish spawning areas; Water Quality ORS 468.700-468.775 g, Significant natural areas; and Sewage Treatnent and h. Areas presently in commercial aquaculture. Disposal Systems ORS 454.010-454,755 3. Social and economic characteristics--Location, Description, and Extent of: GUIDELINES a. The importance of the estuary to the economy of the area: . b. Existing land uses surrounding the estuary; The requirements of the Estuarine Resources Goal should be c. Man-made alterations of the natural estuarine system; addressed with the same consideration applied to previously d, Water-dependent industrial and/or commercial enter- adopted goals and guidelines, The plarming process described pnses; ~ the L~dYse Plarming Goal (Goal 2), including the excep-. e. Public access; Uons provlSlOns described in Goal 2, applies to estuarine areas f. Historical or archaeological sites associated with the and implementation of the Estuarine Resources Goal. estuary; and Because .of the strong relationship between €stuaries and g. Existing transportation systems. adja~ent coastal shorelands, the inventories and plarming B. mSTORIC, UNIQUE, AND SCENIC WATERFRONT requIrements for these resources should be closely coordinated. These inventories and plans should also be fully coordinated COMMUNITIES with the requirements in other state plarming goals, especially Lcx:al government comprehensive plans should encourage the the Goals for Open Spaces, Scenic and Historic Areas and mamtenance and enhancement of historic, unique, and scenic Natural Resources; Air, Water, and Land Resources Quality; waterfront communities, allowing for nonwater-dependent uses Recreational Needs; Transportation; and Economy of the State. as appropriate in keeping with such communities. . A. INVENTORIES C. TRANSPORTATION In detail appropriate to the level of development or alteration Local governments and state and federal agencies should closely proposed, the inventories for estuarine features should include: coordinate and integrate navigation and port needs with 1. Physical characteristics shoreland and upland transportation facilities and the require- a. Size, shape, swface area, and contour, including water ments of the Transportation Goal. The cumulative effects of such depths; plans and facilities on the estuarine resources and values should b. Water characteristics including, but not limited to, be considered, salinity, temperature, and dissolved oxygen. Data D. TEMPORARY ALTERATIONS should reflect average and extreme values for the months of March, June, September, and December as The provision for temporary alterations in the Goal is intended to a minimum; arid allow alterations to areas and resources that the Goal otherwise c. Substrate mapping showing location and extent of rock, requires to be preserved or conserved, This exemption is limited gravel, sand, and mud, to alterations in support of uses pennitted by the Goal; it is not intended to allow uses which are not otherwise pennitted by the 2. Biological characteristic--Location, Description, and Extent Goal. of: Application of the resource capabilities test to temporary a. The common species of benthic (living in or on bottom) alterations should ensure: flora and fauna; 1. That the short-tenn damage to resources is consistent with b. The fish and wildlife species, including part-time resource capabilities of the area; and residents; 2. That the area and affected resources can be restored to their c. The important resting, feeding, and nesting areas for original condition. .> . - 29. 1- - GOAL 17: COASTAL SHORELANDS . To conserve, protect, where appropriate, develop and I. All lands west of the Oregon Coast Highway as de- (l , where appropriate restore the resources and benefits of aU scribed in ORS 366,235, except that: coastal shorelands, recognizing their value for protection a. In Tillamook County, only the lands west of a line and maintenance of water quality, fish and wildlife habi- fonned by connecting the western boundaries of the tat, water-dependent uses, economic resources and recre- following de.scribed roadways: Brooten Road (County ation and aesthetics. The management of these shoreland Road 887) northerly from its junction with the Oregon areas shall be compatible with the characteristics of the Coast Highway to Pacific City, McPhillips Drive adjacent coastal waters; and (County Road 915) northerly from Pacific City to its To reduce the hazard to human life and property, and junction with Sandlake Road (County Road 87 I), the adverse effecU upon water quality and fish and wildlife SandJake-Cape Lookout Road, (County Road 87 I) habitat, resulting from the use and enjoyment of Oregon's northerly to its junction with Cape Lookout Park, coastal-shorelands. Netarts Bay Drive (County Road 665) northerly from its Programs to achieve these objectives shall be developed by junction with the SandJake-Cape Lookout Road (County local, state, and federal agencies having jurisdiction over Road 871) to its junction at Netarts with State Highway coastal shorelands. 131, and northerly along State Highway 131 to its Land use plans, implementing actions and permit reviews junction with the Oregon Coast Highway near shall include consideration of the critical relationships between Tillamook. coastal shorelands and resources of coastal waters, and of the b, In Coos County, only the lands west of a line fonned by geologic and hydrologic hazards associated with coastal connecting the western boundaries of the following shorelands. Local, state and federal agencies shall within the described roadways: Oregon State 240, Cape Arago limit of their authorities maintain the diverse environmental, Secondary (F AS 263) southerly from its junction with economic, and social values of coastal shorelands and water the Oregon Coast Highway to Charleston; Seven Devils quality in coastal waters. Within those limits, they shall also Road (County Road 33) southerly from its junction with minimize man-induced sedimentation in estuaries, nearshore Oregon State 240 (FAg 263) to its junction with the . ocean waters, and coastal lakes. . Oregon Coast Highway, near Bandon; and General priorities for the overall use of coastal shorelands 2, All lands within an area defIned by a line measured t (from highest to lowest) shall be to: horizontally I. Promote uses which maintain the integrity of estuaries a. 1000 feet from the shoreline of estuaries; and and coastal waters; b. 500 feet from the shoreline of coastal lakes, 2. Provide for water-dependent uses; 3. Provide for water-related uses; COMPREHENSIVE PLAN REQUIREMENTS 4. Provide for nondependent, nonrelated uses which Based upon inventories, comprehensive plans for coastal retain fleXibility of future use and do not prematurely or areas adjacent to the ocean, estuaries, or coastal lakes shall: inalterably commit shorelands to more intensive uses; I. Identify coastal shorelands; 5. Provide for development, including nondependent, 2. Establish policies and uses of coastal shorelands in nonrelated uses, in urban areas compatible v.ith existing or accordance with standards set forth below: committed uses; Identification of Coastal Shorelands 6. Pennit nondependent, nonrelated uses which cause a Lands contiguous with the ocean, estuaries, and coastal lakes penn anent or long-tenn change in the features of coastal shall be identified as coastal shorelands. The extent of shorelands shorelands only upon a demonstration of public need. shall include at least: I. Areas subject to ocean flooding and lands within 100 n'NENTORY REQUIREMENTS feet of the ocean shore or within 50 feet of an estuary or a coastal ;nventones shall be conducted to provide infonnation lake; necessary for identifying coastal shorelands and designating 2. Adjacent areas of geologic instability where the geologic uses J.J1d pohcies. These inventories shall provide infonnation instability is related to or will impact a coastal water body; on the nature, iocation, and extent of geologic and hydrologic 3. Natural or man-made riparian resources, especially haza;-ds and shoreland values, including fish and wildlife vegetation necessary to stabilize the shoreline and to maintain habiut, water-dependent uses, economic resources, recre- water quality and temperature necessary for the maintenance of ational uses. and aesthetics in sufficient detail to establish a fish habitat and spa\\TImg areas; sound baSIS for land and water use management. 4. Areas of sigl1liicant shoreland and wetland biological . Tne lI1VCI1tOl}' requirements shall be applied within an area habitats whose habitat quality is primarily derived from or related knO\\TI as 3 coastal shorelands planning area. This planning to the associatIOn witll coastal water areas; ~ area IS not a.:-: area within which development or use is prohib- 5 Areas necessary for water-dependent and water-related ited. It is an area for Inventory, study, and initial planning for uses, including areas of recreational unportance which utilize development and use to meet the Coastal Shorelands Goal. coastal water or rip an an resources, areas appropriate for The planrung area shall be defmed by the followmg: navigal10n and port facilities, dredge material disposal and - 30- mitigation sites, and areas having characteristics suitable for e. water-dependent commercial and industrial uses, aquaculture; water-related uses and other uses only upon a fmding by . , 6, Areas of exceptional aesthetic or scenic quality, where the county that such uses satisfY a need which cannot be the quality is primarily derived from or related to the associa. accommodated on uplands or in urban and urbanizable tion with coastal water areas; and areas or in rural areas built upon or irrevocabiy commit- 7, Coastal headlands, ted to non-resource use. Coastal Shoreland Uses 1, Major marshes, significant wildlife habitat, coastal IMPLEMENTATION REQUIREMENTS headlands, and exceptional aesthetic resources inventoried in 1. The Oregon Department of Forestry shall recognize the the Identification Section, shall be protected, Uses in these unique and special values provided by coastal shorelands when areas shall be consistent with protection of natural values, Such developing standards and policies to regulate uses offorest lands uses may include propagation and selective harvesting of forest within coastal shorelands, With other state and federal agencies, products consistent with the Oregon Forest Practices Act, the Department of Forestry shall develop forest management grazmg, harvesting, wild crops, and low intensity practices and policies including, where necessary, amendments water-dependent recreation. to the FP A rules and programs which protect and maintain the 2, Shorelands in urban and urbanizable areas and in rural special shoreland values and forest uses especially for natural areas built upon or irrevocably committed to non-resource use shorelands and riparian vegetation. especially suited for water-dependent uses shall be protected 2. Local government, with assistance from state and federal for water-dependent recreational, commercial and industrial agencies, shall identify coastal shoreland areas which may be uses. Some factors which contribute to this spe9ial suitabilitr used to fulfill the mitigation requirement of the Estuarine are: Resources Goal, These areas shall be protected from new uses a, deep water close to shore with supporting land trans- and activities which would prevent their ultimate restoration or port facilities suitable for ship and barge facilities; addition to the estuarine ecosystem, b, potential for aquaculture; 3, Coastal shorelands identified under the Estuarine c, protected areas subject to scour which would require Resources Goal for dredged material disposal shall be protected little dredging for use as marinas; and from new uses and activities which would prevent their ultimate d, potential for recreational utilization of coastal water or use for dredged material disposal. riparian resources. 4. Because of the importance of the vegetative fringe .. Other uses which may be pennitted in these areas are adjacent to coastal wat~s to water quality, fish and wildlife temporary uses which involve minimal capital investment and . habitat, recreational use and aesthetic resources, riparian no penn anent structures, or a use in conjunction with and vegetation shall be maintained; and where appropriate, restored incidental to a water-dependent use. and enhanced, consistent with water~dependent uses, 3, Local governments shall detennine whether there are 5, Land-use management practices and non-structural any existing, developed commercial/industrial waterfront areas solutions to problems or erosion and flooding shall be preferred which are suitable for redevelopment which are not designated to structural solutions, Where shown to be necessary, water and as especially suited for water-dependent uses, Plans shall be erosion control structures, such as jetties, bulkheads, seawalls, prepared for these areas which allow for a mix of and similar protective structures; and fill, whether located in the water-dependent, water-related, and water oriented waterways or on shorelands above ordinary high water mark, nondependent uses and shall provide for public access to the shall be designed to minimize adverse impacts on water currents, shoreline, erosion, and accretion patterns, 4. Shorelands in rural areas other than those built upon 6. Local government in coordination with the Parks and or irrevocably committed to nonresource use and those Recre\ltion Division shall develop and implement a program to designated in (1) above shall be used as appropriate for: provide increased public access, Existing public ownerships, a. farm uses as provided in ORS Chapter 215; rights of way, and similar public easements in coastal shorelands b. propagation and harvesting offorest products consis- which provide access to or along coastal waters shall be retained tent with the Oregon Forest Practices Act; or replaced if sold, exchanged or transferred, Rights of way may c, private and public water-dependent recreation devel- be vacated to pennit redevelopment of shoreland areas provided opments; public access across the affected site is retained. d, aquaculture; . - 31 - - GUIDELINES FOR GOAL 17 with the National Flood Insurance Program and the requirements of the Flood Disaster Protection Act of 1973. Communities may " The requirements of the Coastal Shorelands Goal should be wish to distinguish between the floodway and floodfringe in addressed with the same consideration applied to previously developing coastal shoreland plans; development in the floodway adopted goals and guidelines. The plarming process described should be more strictly controlled. Government projects in in the Land Use Plarming Goal (Goal 2), including the excep- coastal shorelands should be examined for their impact on tions provisions described in Goal 2, applies to coastal flooding, potential flood damage, and effect on growth patterns shoreland areas and .implementation of the Coastal Shorelands in the floodplain. Nonwater-dependent emergency service Goal. structures (such as hospitals, police, and fire stations) should not Because of the strong relation of estuarine shorelands to be constructed in the floodplain, Although they may be adjacent estuaries, the inventory and plarming requirements for flood-proofed, access and egress may be prevented during a flood estuaries and estuarine shorelands should also be fullv coordi- emergency. nated. Coastal shoreland inventories and plarming sh~uld also C. OPEN SPACE, NATURAL AREAS AND AESTHETIC be fully coordinated with those required in other statewide planning goals, supplementmg them where necessary. Of RESOURCES, AND RECREATION special importance are the plan requirements of the Goals for Coastal shorelands provide many areas of unique or exceptional Agricultural Lands; Forest Lands; Open Spaces, Scenic and value and benefit for open space, natural areas, and aesthetic and Historic Areas and Natural Resources; Air, Water, and Land recreational use. The requirements of the Goals for Open Spaces, Resources Quality; Areas Subject to Natural Disasters and Scenic and Historic Areas, and Natural Resources (Goal 5) and Hazards; Recreational Needs; and Economy of the State. Recreational Needs (Goal 8) should be carefully coordinated with the coastal shoreland planning effort, The plan should A. INVENTORIES provide for appropriate public access to and recreational use of In coastal shoreland areas the following inventory needs should coastal waters. Public access through and the use of private be reviewed. The level of detail of infonnation needed will property shall require the consent of the owner and is a trespass differ depending on the development or alteration proposed and unless appropriate easements and access have been acquired in the degree of conflict over the potential designation. accordance with law. 1. Hazard areas, including at least: a. Areas the use of which may result in significant D. DEVELOPMENT NEEDS , hydraulic alteration of other lands or water bodies; In coordination with plarming for the Estuarine Resources Goal, b. Areas of geological instability in, or adjacent to coastal shoreland plans should designate appropriate sites for shorelines; and water-dependent activities, and for dredged material disposal. c. The 100- Year Floodplain. Historic, unique, and scenic waterfront communities should 2. Existing land uses and ownership patterns, economic be maintained and enhanced, allowing for nonwater-dependent resources, development needs, public facilities, topogra- uses as appropriate in keeping with such communities. phy, hydrography, and similar infonnation affecting E. TRANSPORTATION shorelands; 3. ,.'\reas of aesthetic and scenic importance; The requirements of the Transportation Goal should be closely ~. Coastal shoreland and wetland biological habitats which cxx:rdinated v.ith the Coastal Shorelands Goal. Coastal transpor- are dependent upon the adjacent water body, plus other tatlOn systems frequently utilize shoreland areas and may coastal shoreland and adjacent aquatic areas of biological significantly affect the resources and values of coastal shorelands Importance (feeding grounds, nesting sites, areas of high and adjacent waters; they should allow appropriate access to productIVIty, etc.) natural areas and fish and wildlife coastal shorelands and adjacent waters, and be planned in full habitats; rerognition of the protection needs for the special resources and 5. Areas of recreational importance; benefits which shorelands provide, ' 6. Areas of vegetative cover which are riparian in nature or which function to maintain water quality and to stabilize F. EXAMPLES OF INCIDENTAL USES the shoreline; Examples of uses that are in conjunction with and incidental to a 7. Sedimentation sources; water-dependent use include a restaurant on the second floor of 8. /\reas of present public access and recreational use' an existing seafood processing plant and a retail sales room as 9. The location of archaeological and historical sites' ~d part of a seafood processing plant. Generally, to be in conjunc- 10 Coastal headlands. ' tlOn with and incidental to a water dependent use, a nonwater-dependent use must be constructed at the same time or B. FLOODPLAIN after the water-dependent use of the site is established and be ~ the development of comprehensive plans, the management carried out together with the water-dependent use. Incidental 'J ot uses and development in floodplain areas should be ex- means that the size of nonwater-dependent use is small in relation panded beyond the minimal considerations necessary to comply to the water-dependent operation and that it does not interfere with conduct of the water-dependent use. .:. - 32. . GOAL 18: BEACHES AND DUNES .. To conserve, protect, where appropriate develop, and might have on the site and adjacent areas; where appropriate restore the resources and benefits b. Temporary and permanent stabilization programs and of coastal beach and dune areas; and the planned maintenance of new and existing vegeta- To reduce the hazard to human life and property tion; from natural or man-induced actions associated with c, Methods for protecting the surroWldingarea from any these areas. adverse effects of the development; and Coastal .comprehensive plans and implementing d, Hazards to life, public and private property, and the actions shall provide for diverse and appropriate use of natural environment which may be caused by the beach and dWle areas consistent with their ecological, proposed use. recreational, aesthetic, water resource, and economic values, and consistent with the natural limitations of 2. Local governments and state and federal agencies shall beaches, dWles, and dWle vegetation for development. prohibit residential developments and commercial and industrial buildings on beaches, active foredWles, on other INVENTORY REQUIREMENTS foredWles which are conditionally stable and that are Inventories shall be conducted to provide information subject to ocean Wldercutting or wave overtopping, and on necessary for identifying and designating beach and dWle interdWle areas (deflation plains) that are subject to ocean uses and policies. Inventories shall describe the stability, flooding. Other development in these areas shall be permit- movement, groWldwater resource, hazards and values of ted only if the findings required in (I) above are presented the beach and dWleareas in sufficient detail to establish and it is demonstrated that the proposed development: . a sound basis for planning and management. For beach a, Is adequately protected from any geologic hazards, and dWle areas adjacent to coastal waters, inventories wind erosion, Wldercutting, ocean flooding and storm shall also address the inventory requirements of the waves; or is of minimal value; and It Coastal Shorelands Goal. b. Is designed to minimize adverse environmental effects. COMPREHENSIVE PLAN REQUIREMENTS 3. Local governments and state and federal agencies shall Based upon the inventory, comprehensive plans for regulate actions in beach and dWle areas to minimize the coastal areas shall: resulting erosion, Such actions include, but are not limited I. Identify beach and dWle areas; and to, the destruction of desirable vegetation (including 2. Establish policies and uses for these areas consistent inadvertent destruction by moisture loss or root damage), with the provisions of this goal. the exposure of stable and conditionally stable areas to erosion, and construction of shore structures which modify IDENTIFICATION OF BEACHES AND DUNES current or wave patterns leading to beach erosion. Coastal areas subject to this goal shall include beaches, active dWle forms, recently stabilized dWle forms, older 4. Local, state and federal plans, implementing actions stabilized dWle forms and interdWle forms, and permit reviews shall protect the groundwater from drawdown which would lead to loss of stabilizing vegeta- USES tion, loss of water quality, or intrusion of salt water into Uses shall be based on the capabilities and limitations of water supplies. Building permits for single family dwell- beach and dWle areas to sustain different levels of use or ings are exempt from this requirement if appropriate development, and the need to protect areas of critical findings are provided in the comprehensive plan or at the environmental concern, areas having scenic, scientific, or time of subdivision approval. biological importance, and significant wildlife habitat as Permits for beachfront protective structures shall be identified through application of Goals 5 and 17, 5. issued only where development existed on January I, 1977, IMPLEMENTATION REQUIREMENTS Local comprehensive plans shall identify areas where I. Local governments and state and federal agencies development existed on January 1, 1977. For the purposes , shall ')ase decisions on plans, ordinances and land use of this requirement and Implementation Requirement 7 actions in beach and dune areas, other than older stabi- "development" means houses, commercial and industrial tized dWles, on specific fmdings that shall include at buildings, and vacant subdivision lots which are physically least: improved through construction of streets and provision of a. The type of use proposed and the adverse effects it utilities to the lot and includes areas where an exception to - 33 - ~ -- . (2) above has been approved. The criteria for review of flooding, and patterns of accretion and erosion (including .. all shore and beachfront protective structures shall wind erosion), and effects of beachfront protective struc. provide that: tures andjetties, The plan shall: a. visual impacts are minimized; a, Cover an entire beach and foredune area subject to an b. necessary access to the beach is maintained; accretion problem, including adjacent areas potentially c. negative impacts on adjacent property are minimized; affected by changes in flooding, erosion, or accretion and as a result of dune grading; d. long-term or recurring costs to the public are avoided, b. Specify minimum dune height and width requirements to be maintained for protection from flooding and 6, Foredunes shall be breached only to replenish sand erosion, The minimum height for flood protection is 4 supply in interdune areas, or on a temporary basis in an feet above the 100 year flood elevation; emergency (e.g" fire control, cleaning up oil spills, c, Identify and set priorities for low and narrow dune draining farm lands, and alleviating flood hazards), and areas which need to be built up; only if the breaching and restoration after breaching is d. Prescribe standards for redistribution of sand and consistent with sound principles of conservation. temporary and permanent stabilization measures including the timing of these activities; and 7. Grading or sand movement necessary to maintain e, Prohibit removal of sand from the beach.foredune views or to prevent sand inundation may be allowed for system. structures in foredune areas only if the area is committed The Commission shall, by January 1, 1987, evaluate to development or is within an acknowledged urban plans and actions which implement this requirement and growth boundary and only as part of an overall plan for determine whether or not they have interfered with main- managing foredune grading. A foredune grading plan taining the integrity of beach and dune areas and minimize shall include the following elements based on consider- flooding and erosion problems. If the Commission deter. ation of factors affecting the stability of the shoreline to mines that these measures have interfered it shall initiate be managed including sources of sand, ocean Goal amendment proceedings to revise or repeal these . requirements. ~; I' .34. , ,- " <GUIDELINES FOR GOAL 18 D. SAND BY-PASS .. The requirements. of the Beaches and Dunes Goal should In developing structures that might excessively reduce the sand supply or interrupt the longshore transport or littoral be addressed WIth the same consideration applied to drift, the developer should investigate, and .where possible previously adopted goals and guidelines, The planning provide methods of sand by-pass. ' process described in the Land Use Planning Goal E. PUBLIC ACCESS (Goal 2), including the exceptions provisions described in Goal 2, applies to beaches and dune areas and imple- Where appropriate, local government should require ne~ mentation of the Beaches and Dunes Goal, developments to dedicate easements for public access to Beaches and dunes, especially interdune areas public beaches, dunes and associated waters. Access into (deflation plains) provide many unique or exceptional or through dune areas, particularly conditionally stable re~ources which should be addressed in the inventories dunes and dune complexes, should be controlled or de- and planning requirements of other goals, especially the signed to maintain the stability of the area, protect scenic Goals for Open Space, Scenic and Historic Areas and values and avoid ftre hazards. Natural Resources; and Recreational Needs, Habitat provided by these areas for coastal and migratory species F. DUNE STABILIZATION is of special importance, Dune stabilization programs should be allowed only when in conformance With the comprehensive plan, and only A. INVENTORIES after assessment of their potential impact. Local government should begin the beach and dune inventory with a review of Beaches and Dunes of the G. OFF-ROAD VEHICLES Oregon Coast, USDA Soil Conservation Service and Appropriate levels of govenunent should designate speciftc OCCDC, March 1975, and determine what additional areas for the recreational use of off-road vehicles (ORVs), information is necessary to identify and describe: This use should be restricted to limit damage to natural 1. The geologic nature and stability of the beach and resources and avoid conflict with other activities, including . dune landforms; other recreational use. 2, Patterns of erosion, accretion, and migration; 3, Storm and ocean flood hazards; H. FOREDUNE GRADING PLANS 4. Existing and projected use, development and eco- Plans which allow foredune grading should be based on nomic activity on the beach and dune landforms; and clear consideration of the fragility and ever-changing nature 5. Areas of signiftcant biological importance. of the foredune and its importance for protection from flooding and erosion, Foredune grading needs to be planned for on an area-wide basis because the geologic B. EXAMPLES OF MINIMAL DEVELOPMENT processes of flooding, erosion, sand movement, wind Examples of development activity which are of minimal patterns, and littoral drift affect entire stretches of shore- value and suitable for development of conditionally stable line, Dune grading cannot be carried out effectively on a dunes and deflation plains include beach and dune lot-by-lot basis because of these areawide processes and boardwalks, fences which do not affect sand erosion or the off-site effects of changes to the dunes, migration, and temporary open-sided shelters. Plans should also address in detail the fmdings speci- fted in Implementation Requirement (1) of this Goal with C. EVALUATING BEACH AND DUNE PLANS special emphasis placed on the following: AND ACfIONS . Identification of appropriate measures for stabilization Local government should adopt strict controls for cany- of graded areas and areas of deposition, including use mg out the Implementation Requirements of this goal, of fIre-resistant vegetation; The controls could include: . A voiding or minimizing grading or deposition which 1. Requirement of a site investigation report financed could adversely affect surrounding properties by by the developer; changing wind, ocean erosion, or flooding patterns; 2. Posting of performance bonds to assure that adverse . Identifying appropriate sites for public and emergency effects can be corrected; and access to the beach. ':0 . 3, Requirement of re-establishing vegetation within a specific time. - 35 - , - GOAL 19: OCEAN RESOURCES , To conserve the long-term values, benefits, and Department of Geology & Mineral Industries natural resources of the nearshore ocean and the Mineral Extraction and continental shelf. Oil & Gas Drilling ORS 520.005-520.095 All local, state, and federal plans, policies, pro- jects, and activities which affect the territorial sea Department of Energy shall be developed, managed and conducted to RegWationofThermal maintain, and where appropriate, enhance and Power & Nuclear restore, the long-term benefits derived from the Installation ORS 469,300-469.570 nearshore oceanic resources of Oregon. Since renew- able ocean resources and uses, such as food produc- Department of Environmental Quality tion, water quality, navigation, recreation, and Water Quality Permits aesthetic enjoyment, will provide greater long-term ORS 468,700-468,775 benefits than will nonrenewable resources, such plans Oil Spillage and activities shall give clear priority to the proper RegWation ORS 468,780-468,815 management and protection of renewable resources. Department of Fish and Wildlife INVENTORY REQUIREMENTS Fisheries RegWation ORS Chapter 506 As state and federal agencies develop and implement plans or carry out actions, projects, or activities related to 2, Each state and federal agency, special district, city and or affecting ocean resources, they shall develop inventory county within the limits of its jurisdiction and as necessary information necessary to understand the impacts and to: , relationship of the proposed activity to continental shelf 1. determine the impact of proposed projects or and nearshore ocean resources, As specific actions are actions; and proposed, inventory information shall be gathered by the 11. for the sound conservation of ocean resources; unit of government considering the action with assistance shall: from those agencies and governments which use or a, Fishery Resources manage the resources. The inventory shall be sufficient to 1. Develop scientific information on the stocks and describe the long-term impacts of the proposed action on life histories of commercially, recreation ally, and resources and uses of the continental shelf and nearshore ecologically important species of fish, shellfish, ocean. marine manunals and other marine fauna, 11. Designate and enforce fishing regWations to IMPLEMENTATION REQUIREMENTS maintain the optimum sustainable yield (OSY) 1. State and federal agencies with planning, permit, or while protecting the natural marine ecosystem. review authorities affected by the Ocean Resources Goal iii. Develop and encourage improved fishing practices shall review their procedures and standards to assure that and equipment to achieve the OSY while protect- the objectives and requirements of the goal are fully ing the natural marine ecosystem. addressed, The following authorities are of special iv, Develop scientific understanding of the effects of concern: man's activities, including navigation, mineral extraction, recreation, and waste discharge, on the Division of State Lands marine ecosystem, Fill and Removal Law b, Biological Habitat ORS 541.605-541.665 1. Identify and protect areas of important biological Mineral Resources ORS 273.775-273,780 habitat, including kelp and other algae beds, Submersible and seagrass beds, rock reef areas and areas of impor- Submerged Lands ORS 274,005-274,940 tant fish, shellfish and invertebrate concentration. t Kelp Law ORS 274,885-274.895 11. Identify and protect important feeding areas; spawning areas; nurseries; migration routes; and Economic Development Department other biologically important areas of marine mam- Ports Planning ORS 777.835 mals, manne birds, and commercially and recreationally important fish and shellfish, - 36 - ~. . iii.~ Detennine and protect the integrity of the marine f. Waste Discharge and Mineral Extraction ., ecosystem, including its natural biological pro- Provide that extraction of materials from or discharge ductivity and diversity, of waste products into or affecting the Oregon territo- c, Navigation and Ports rial sea do not substantially interfere .with or detract 1. Detennine for the state as a whole, the navigation from the use of the continental shelf for fishing, needs for the coast of Oregon, Such needs will navigation, recreation, or aesthetic purposes, or from reflect, in part, the capability of each port to the long-term protection of renewable resources, handle differing types of ship traffic, consistent g, Dredged Material Disposal with other statewide planning goals. Provide for suitable sites and practices for the open sea 11. Maintain appropriate navigation lanes and facili- discharge of dredged materials, which do not substan- ties free from interference by other uses to pro- tially interfere with or detract from the use of the vide safe transportation along and to the Oregon continental shelf for fishing, navigation, recreation, or Coast. from the long-term protection of renewable resources. d, Aesthetic Use h, Archeological Sites Maintain the aesthetic enjoyment and experiences. Identify and protect, whenever possible, significant provided by ocean resources. underwater archaeological sites of the continental shelf. e, R~creation Identify, maintain, and enhance the diversity, quality, 3, Contingency Plans and quantity of recreational opportunities on and over Before issuing permits for development on the Oregon the Oregon continental shelf, as consistent with the continental shelf, state and federal agencies, in coordination Beaches and Dunes Goal and Estuarine Resources with the permittee, shall establish contingency plans and Goal. emergency procedures to be followed in the event that the operation results in conditions which threaten to damage the environment. II . .37 - - GUIDELINES FOR GOAL .19 c. RESEARCH . Resource agencies and research organizations should A. IMPLEMENTATION continue to develop complete and comprehensive informa- The Ocean Resources Goal does not include any tion on ocean resources to promote their proper manage- specific plan requirements, It primarily sets implementa- ment and protection. tion requirements, giving priority to certain uses and requiring that actions affecting Ocean Resources must be D. FISH HARVEST preceded by an inventory and based on sound informa- State and federal agencies should encourage, where appro- tion, priate and in keeping with sound practices for conservation These requirements address all units of government. of ocean resources, the exploitation of unutilized and Examples of plans, actions or programs of local govern- underutilized fish species. ment which might affect the identified ocean resources include construction and expansion of port and naviga- E. PERMITS tion facilities, recreation use, and disposal of chemical, Permits for development on the Oregon continental shelf thermal, sewage or dredged material wastes. Other kinds should: of actions in ocean resource and continental shelf areas 1. Designate areas within the proposed development are primarily under the regulatory authority of state and where activities such as exploration and extraction, will be federal agencies; these activities must be closely coordi- prohibited; nated with local government to avoid or minimize impact 2, Specify methods and equipment to be used and stan- on adjacent and affected upland areas, dards to be met; 3. Require the developer to fmance monitoring and B. INVENTORY inspection of the development by the appropriate state The goal does not intend that local government and state agency; and federal agencies develop complete inventories of 4, Require that pollution abatement utilize the best ocean resources, Rather, it requires that actions affecting available technology when needed to protect coastal . the nearshore ocean and continental shelf areas be based resources; upon a sound understanding of the resources and poten- 5, Require the developer to be liable for individual or tial impacts. Therefore, the inventory should identify the public damage caused by the development and to post affected ocean area and describe the extent and signifi- adequate bonding or other evidence of fmancial responsi- cance of: bility to cover damages; 1. Hydrographic conditions and processes, including 6, Specify the extent of restoration that must be acwm- characteristics of ocean waves, current, tidal, water plished, where appropriate, when the development is quality, and bottom; finished; 2, Geology; 7. Specify that the state or federal government may 3, Biological features, including fish and shellfish revoke or modify a permit to prevent or halt damage to the stocks; other biologically important species; important environment and that such revocation or modification will habitat areas including seagrass and algae beds; and other recognize vested rights of the developer; elements important to maintaining the biological resource 8. Require the developer to describe the extent and such as plankton and benthos; magnitude of onshore support and operation facilities and 4, Mineral deposits, including sand and gravel and their social, economic and environmental impacts on the hydrocarbon resources; and Oregon coast; and 5. Present and projected uses, use patterns, and values 9, Be available for public review and comment before associated with the ocean resource, including commercial issuance. .:. fishing, port and navigation uses, recreational activities, and waste discharges. . ~ - 38 - .-- . .. I . DEFINITIONS . ACCRETION. The build-up ofland along a beach or shore public participation in the adoption and amendment of the by the deposition of waterborne or airborne sand, sedi- goals and guidelines, and to assure widespread citizen ment, or other material, involvement in all phases of the planning process, CIAC is AGRICULTURAL LAND. See definition in Goal 3, "Agri- established in accordance with ORS 197,160, cultural Lands," CITIZEN INVOLVEMENT PROGRAM (CIP), A program ANADROMOUS. Referring to fish, such as salmon, which established by a city or county to ensure the extensive, hatch in fresh water, migrate to ocean waters to grow and ongoing involvement of local citizens in planning. Such mature, and return to fresh waters to spawn. programs are required by Goal 1 , "Citizen Involvement," and ARCHAEOLOGICAL RESOURCES. Those districts, contain or address the six components described in that goal. sites, buildings, structures, and artifacts which possess COASTAL LAKES, Lakes in the coastal zone that are bordered material evidence of hwnan life and culture of the prehis- by a dune formation or that have a direct hydrologic surface toric and historic past. (See Historical Resources defmi- or subsurface connection with saltwater, tion, ) COASTAL SHORELANDS, Those areas immediately adja- AVULSION, A tearing away or separation by the force of cent to the ocean, all estuaries and associated wetlands, and water. Land which is separated from uplands or adjacent all coastal lakes, properties by the action of a stream or river cutting COASTAL STREAM, Any stream within the coastal zone. through the land to form a new stream bed, COASTAL WATERS, Territorial ocean waters of the continen- tal shelf; estuaries; and coastal lakes. BEACH, Gently sloping areas of loose material (e,g" sand, COASTAL ZONE, The area lying between the Washington gravel, and cobbles) that extend landward from the border on the north to the California border on the south, low-water line to a point where there is a defmite change bounded on the west by the extent of the state's jurisdiction, in the material type or landform, or to the line of vegeta- and in the east by the crest of the coastal mountain range, tion, with the exception of: (a) The Umpqua River basin, where ~. BENTHIC. Living on or within the bottom sediments in water the coastal zone shall extend to Scottsburg; (b) The Rogue bodies. River basin, where the ~astal zone shall extend to Agness; BRIDGE CROSSINGS. The portion of a bridge spanning a (c) The Colwnbia River basin, where the coastal zone shall watenvay not including supporting structures or fill located extend to the downstream end of Puget Island. (Formerly in the wateIWay or adjacent wetlands, ORS 191.110) BRIDGE CROSSING SUPPORT STRUCTURES. Piers, COMMITfEE FOR CITIZEN INVOLVEMENT (CCI). A piling, and similar structures necessary to support a bridge local group appointed by a governing body for these pur- span but not including fill for causeways or approaches. poses: assisting the governing body with the development of a program that promotes and enhances citizen involve- CARRYING CAPACITY. Level of use which can be ment in land use planning-, assisting in the implementation of accommodated and continued without irreversible impair- the citizen involvement program; and evaluating the process ment of natural resources productivity, the ecosystem and being used for citizen involvement. A CCI differs from a the quality of air. land. and water resources. citizen advisory connnittee (CAe) in that the former advises CrnzEN. Any individual within the planning area; any public the local goverrunent only on matters pertaining to citizen or private entity or association within the planning area, involvement and Goal 1, A CAC, on the other hand. may including corporations, governmental and private agen- deal with a broad range of planning and land use issues. cies, associations, firms, partnerships, joint stock compa- Each city or COWlty has only one CCI, whereas there may be nies and any group of citizens. . several CACs, CITIZEN ADVISORY COMMITIEE (CAe), A group of CONSERVE. To manage in a manner which avoids wasteful or citizens organized to help develop and maintain a compre- destructive uses and provides for future availability. hensive plan and its land use regulations, Local govern- CONSERVATION. The act of conserving the enviromnent. ments usually establish one such group for each neighbor- CONTINENTAL SHELF. The area seaward from the ocean hood in a city or each district in a county, CACs may also shore to the distance when the ocean depth is 200 meters, or be known as neighborhood planning organizations, area where the ocean floor slopes more steeply to the deep ocean advisory committees, or other local terms, CACs convey floor, The area beyond the state's jurisdiction is the 0 VTER their advice and concerns on planning issues to the plan- Continental Shelf. ning commission or governing body, CACs also convey information from local officials to neighborhood and DEFLATION PLAIN, The broad interdune area which is ,. district residents, wind-scoured to the level of the summer water table, ~,-:-:-- J'.~; CITIZEN INVOLVEMENT ADVISORY COMMITTEE DEVELOP. To bring about growth or availability; to construct ~__,~ - 0" . "i!d -- (CIAC), A state committee appointed by the Land Conser- or alter a structure, to conduct a mining operation, to make vation and Development Commission to advise that a physical change in the use or appearance ofland, to divide commission on matters of citizen involvement, to promote land into parcels, or to create or terminate rights to access. - 39 - DEVELOPMENT. The act, process or result of developing. of severe flooding. It represents the largest flood which has , DIVERSITY. The variety of natural, environmental, eco- a one-percent chance of occurring in anyone year in an area nomic, and social resOurces, values, benefits, and activi- as a result of periods of higher-than-normal rainfall or ties. streamilows, extremely high tides, high winds, rapid DUNE. A hill or ridge of sand built up by the wind along snowmelt, natural stream blockages, tsunamis, or combina- sandy coasts. tions thereof. DUNE, ACTNE. A d1.me that migrates, grows and diminishes FLOODW A Y. The normal stream channel and that adjoining from the effect of wind and supply of sand. Active dunes area of the natural floodplain needed to convey the waters of include all open sand dunes, active hununocks, and active a regional flood while causing less than one foot increase in foredunes, upstream flood elevations. DUNE, CONDmONALL Y STABLE, A dune presently in FOREDUNE, ACTIVE. An unstable banier ridge of sand a stable condition, but vulnerable to becoming active due paralleling the beach and subject to wind erosion, water to fragile vegetative cover. erosion, and growth from new sand deposits. Active DUN,E, OLDER STABILIZED, A dune that is stable from foredunes may include areas with beach grass, and occur in wind erosion, and that has significant soil development and sand spits and at river mouths as well as elsewhere. that may include diverse forest cover. They include older FOREDUNE, CONDITIONALLY STABLE. An active foredunes. foredune that has ceased growing in height and that has DUNE, OPEN SAND. A collective term for active, become conditionally stable with regard to wind erosion. unvegetated dune landforms. FOREDUNE, OLDER A conditionally stable foredune that has DUNE,RECENTLY STABILIZED. A dune with sufficient become wind stabilized by diverse vegetation and soil vegetation to be stabilized from wind erosion, but with development. little, if any, development of soil or cohesion of the sand FOREST LANDS. See definition of commercial forest lands under the vegetation. Recently stabilized dunes include and uses in the Oregon Forest Practices Act and the Forest conditionally stable foredunes, conditionally stable dunes, Lands Goal. dune complexes, and younger stabilized dunes. DUNES, YOUNGER STABILIZED. A wind-stable dune GEOLOGIC. Relating to the occlUTence and properties of earth. with weakly developed soils and vegetation. Geologic hazards include faults, land and mudslides, and . DUNE COMPLEX. Various patterns of smail dunes with earthquakes. partially stabilized intervening areas. t HEADLANDS. Bluffs, promontories or points of high shoreland ECOSYSTEM. The living and non-living components of the jutting out into the ocean, generally sloping abruptly into the environment which interact or function together, including water. Oregon headlands are generally identified in the plant and animal organisms, the physical environment, and report on Visual Resource Analysis of the Oregon Coastal the energy systems in which they exist. All the components Zone, OCCDC, 1974. of an ecosystem are inter-related. mSTORICAL RESOURCES. Those districts, sites, buildings, ENCOURAGE. Stimulate; give help to; foster. structures, and artifacts which have a relationship to events ESTUARY. A body of water semi-enclosed by land, con- or conditions of the hwnan past. (See Archaeological nected with the open ocean, and within which salt water is Resources definition.) usually diluted by freshwater derived from the land. The HUMMOCK, ACTIVE. Partially vegetated (usually with estuary includes: (a) estuarine water; (b) tidelands; (c) beach grass), circular, and elevated mounds of sand which tidal marshes; and (d) submerged lands. Estuaries extend are actively growing in size. upstream to the head of tidewater, except for the Colwnbia HYDRAULIC. Related to the movement or pressure of water. Nyer Esmary, which by definition is considered to extend Hydraulic hazards are those associated with erosion or to the western edge of Puget Island, sedimentation caused by the action of water flowing in a ESTUARINE ENHANCEMENT. An action which results river or streambed, or oceanic clUTents and waves. in a long-term improvement of existing estuarine func- HYDRAUUC PROCESSES. Actions resulting from the effect lJonaJ characteristics and processes that is not the result of of moving water or water pressure on the bed, banks, and a creation or restoration action. shorelands of water bodies (oceans, estuaries, streams, lakes, and rivers). FILL The placement by man of sand, sediment, or other HYDROGRAPHY. The study, description and mapping of ;;-]aterial, usually in submerged lands or wetlands, to create oceans, estuaries, rivers and lakes. new uplands or raise the elevation of land. HYDROLOGIC. Relating to the OCClUTence and properties of FLOODFRINGE. The area of the floodplain lying outside of water. Hydrologic hazards include flooding (the rise of . the ll00dway, but subject to periodic inundation from water) as well as hydraulic hazards associated with the ll00ding. movement of water. t FLOODPLAIN. The area adjoining a stream, tidal estuary or coast that is subject to regional flooding. L'fPACT. The consequences of a course of action; effect of a FLOOD, REGIONAL (100- YEAR). A standard statistical goal, guideline, plan or decision, calcwauon used by engineers to determine the probability INSURE. Guarantee; make sure or certain something will .40. .- r ~ .. ~ .. happen. OCCDC. Oregon Coastal Conservation and Development .. INTEGRITY. The quality or state of being complete and Commission, created by ORS 191; existed from 1971 to functionally unimpaired; the wholeness or entirety of a 1975. Its work is continued by LCDC, body or system, including its parts, materials, and pro- OCEAN FLOODING, The flooding of lowland areas by salt cesses, The integrity of an ecosystem emphasizes the water owing to tidal action, storm surge, or tsunamis interrelatedness of all parts and the unity of its whole, (seismic sea waves), Land forms subject to ocean flooding INTERDUNE AREA, Low-lying areas between higher sand include beaches, marshes, coastal lowlands, and low-lying landforms and which are generally under water during part interdune areas. Areas of ocean flooding are mapped by the of the year. (See also Deflation Plain.) Federal Emergency Management Agency (FEMA), Ocean INTERTIDAL. Between the levels of mean lower low tide flooding includes areas of velocity flooding and associated (MLL T) and mean higher high tide (MHHT), shallow marine flooding. KEY FACILITIES, Basic facilities that are primarily planned PLANNING AREA. The air, land and water resources within for by local government but which also may be provided the jurisdiction of a governmental agency, by private enterprise and are essential to the support of POILUTION, The violation or threatened violation of applica- more intensive deyelopment, including public schools, ble state or federal environmental quality statutes, roles and transportation, water supply, sewage and solid waste standards, disposal. PRESERVE. To save from change or loss and reserve for a special purpose. LCDC. Land Conservation and Development Commission .of PROGRAM, Proposed or desired plan or course of proceedings the State of Oregon. Seven lay citizens, non-salaried, and action. appointed by the Governor, confIrmed by the Oregon PROTECT, Save or shield from loss, destruction, or injury or Senate; at least one commissioner from each Congressio- for future intended use. nal Disuict; no more than two from Multnomah County, PROVIDE, Prepare, plan for, and supply what is needed, LITTORAL DRIFr, The material moved, such as sand or PUBUC FACILITIES AND SERVICES, Projects, activities gravel, in the littoral (shallow water nearshore) zone under and facilities which the planning agency detennines to be the influence of waves and currents, necessary for the pub1i9 health, safety and welfare. . PUBUC GAIN, The net gain from combined economic, social, MAINTAIN. Support, keep, and continue in an existing state and environmental effects which accrue to the public or condition without decline. because of a use or activity and its subsequent resulting MANAGEMENT UNIT, A discrete geographic area., defmed effects, by biophysical characteristics and features, within which particular uses and activities are promoted, encouraged, QUALITY. The degree of excellence or relative goodness. protected, or enhanced, and others are discouraged, restricted, or prohibited. RECREATION, Any experience voluntarily engaged in largely MINOR NAVIGATIONAL IMPROVEMENTS, Alter- during leisure (discretionary time) from which the individual ations necessary to provide water access to existing or derives satisfaction, permitted uses in conservation management units, includ- Coastal Recreation occurs in offshore. ocean waters, ing dredging for access channels and for maintaining estuaries, and streams, along beaches and bluffs, and in existing navigation but excluding fill and in-water naviga- adjacent shorelands, It includes a variety of activities, from tional structures other than floating breakwaters or similar swimming, scuba diving, boating, fishing, hunting, and use permeable wave barriers. of dune buggies, shell collecting, painting, wildlife observa- MITIGA nON, The creation, restoration, or enhancement of tion, and sightseeing, to coastal resorts and water-oriented an estuarine area to maintain the functional characteristics restaurants, and processes of the estuary, such as its natural biological Low-Intensity Recreation does not require developed productivity, habitats, and species diversity, unique facilities and can be accommodated without change to the features and water quality (ORS 541.626). , area or resource, For example, boating, hunting, hiking, wildlife photography, and beach or shore activities can be NATURAL AREAS. Includes land and water that has low-intensity recreation, substantially retained its natural character, which is an High-Intensity Recreation uses specially built facilities, or important habitat for plant, animal; or marine life, Such occurs in such density or form that it requires or results in a areas are not necessarily completely natural or undis- modification of the area or resource. Campgrounds, golf turbed, but can be significant for the study of natural, courses, public beaches, and marinas are examples of historical, scientific, or paleontological features, or for the high-intensity recreation. . appreciation of natural features, RESTORE. Revitalizing, returning, or replacing original NATURAL RESOURCES, Air, land and water and the attributes and amenities, such as natural biological prOOuc- elements thereof which are valued for their existing and tivity, aesthetic and cultural resources, which have been potential usefulness to man, diminished or lost by past alterations, activities, or cata- . strophic events, For the purposes of Goal 16 estuarine .41 . , 1 . ~ restoration means to revitalize or reestablish func- allowed by an acknowledged plan, Temporary alterations , tional characteristics and processes of the estuary may not be for more than three years and the affected area diminished or lost by past alterations, activities, or must be restored to its previous condition, Temporary catastrophic events. A restored area must be a shallow alterations include: (1) alterations necessary for federally subtidal or an intertidal or tidal marsh area after authorized navigation projects (e,g., access to dredged alteration work is performed, and may not have been material disposal sites by barge or pipeline and staging areas a functioning part of the estuarine system when or dredging for jetting maintenance), (2) alterations to alteration work began. establish mitigation sites, alterations for bridge construction Active Restoration involves the use of specific positive or repair and for drilling or other exploratory operations, and remedial actions, such as removing fills, installing water (3) minor structures (such as blinds) necessary for research treatment facilities, or rebuilding deteriorated urban and educational observation. waterfront areas. TERRITORIAL SEA. The ocean and seafloor area from mean Passive Restoration is the use of natural processes, low water seaward three nautical miles. sequences, and timing .which occurs after the removal or TIDAL MARSH. Wetlands from lower high water (LHW) reduction of adverse stresses without other specific inland to the line of non-aquatic vegetation. positive remedial action. RIPARIAN. Of, pertaining to, or situated on the edge of the URBAN LAND. Urban areas are those places which must have bank of a river or other body of water, an incorporated city. Such areas may include lands adjacent RIPRAP. A layer, facing, or protective mound of stones to and outside the incorporated city and may also: randomly placed to prevent erosion, scour or sloughing of (a) Have concentrations of persons who generally reside a structure ex- embankment; also, the stone so used. In local and work in the area usage, the similar use of other hard material, such as (b) Have supporting public facilities and services. concrete rubble, is also frequently inCluded as riprap. URBANIZABLE LAND. Urbanizable lands are those lands RURAL LAND. Rural lands are those which are outside the within the urban growth boundary and which are identified urban growth boundary and are: and (a) Non-urban agricultural, forest or open space lands or, (a) Determined to be necessary and suitable for future urban (b) Other lands suitable for sparse settlement, small farms uses , or acreage homesites with no or hardly any public (b) Can be served by urban services and facilities services, and which are not suitable, necessary or (c) Are ne~ed for the expansion of an urban area, intended for urban use. . WATER-DEPENDENT. A use or activity which can be carried SEDENTARY. Attached fumly to the bottom, generally out only on, in, or adjacent to water areas because the use incapable of movement. requires access to the water bcdy for water-borne transporta- SHORELINE. The boundary line between a body of water tion, recreation, energy production, or source of water. and the land, measured on tidal waters at mean higher high WATER ORIENTED. A use whose attraction to the public is water, and on non-tidal waterways at the ordinary enhanced by a view of or access to coastal waters. high-water mark. WATER-RELATED. Uses which are not directly dependent SIGNIFICANT HABITAT AREAS. A land or water area upon access to a water body, but which provide goods or where sustaining the natural resource characteristics is services that are directly associated with water-dependent important or essential to the production and maintenance land or waterway use, and which, if not located adjacent to of aquatic life or wildlife populations. water, would result in a public loss of quality in the goods or SOCIAL CONSEQUENCES, The tangible and intangible services offered. Except as necessary for water-dependent or effects upon people and their relationships with the water-related uses or facilities, residences, parking lots, spoil community in which they live resulting from a particular and dump sites, roads and highways, restaurants, businesses, action or decision, factories, and trailer parks are not generally considered STRUCTURE. Anything constructed or installed or portable, dependent on or related to water location needs. the use of which requires a location on a parcel ofland. WETLANDS. Land areas where excess water is the dominant SUBSTRATE. The mediwn upon which an organism lives factor determining the nature of soil development and the and grows. The surface of the land or bottom of a water types of plant and animal communities living at the soil bodv. surface. Wetland soils retain sufficient moisture to support Sl'BTIDAL Below the level of mean lower low tide (MLL T). aquatic or semi-aquatic plant life. In marine and estuarine areas, wetlands are bounded at the lower extreme by extreme TEMPORARY ALTERATION. Dredging, filling, or low water; in freshwater areas, by a depth of six feet. The , another estuarine alteration occurring over a specified areas below wetlands are submerged lands. .:. short period of time which is needed to facilitate a use f ---, .,. .. THE EVOLUTION OF OREGON'S STATEWIDE PLANNING GOALS Department of land Conservation and Development FEBRUARY 1995 Oregon's statewide planning goals grew out of Senate Bill 10 in 1969. That bill established a basic program for statewide planning. It required local govern- ments to draw up comprehensive plans, and it set forth 10 goals to guide cities and counties in their planning. ' In 1973, the legislature replaced that basic program with a much more extensive one. With Senate Bill 100, the 1973 legislature created the Land Conservation and Development Commission (LCD C) and directed it to establish new state- wide planning goals. and guidelines "not later than January 1, 1975." The legislation listed 11 "areas and activities" which were to be given "priority consideration" as the new commission developed its goals. After extensive public review and dozens of public hearings and workshops, LCDC adopted statewide planning goals 1 through 14 in December 1974. The . commission later adopted Goal 15 (for the Willamette River Greenway) in 1975, and goals 16 through 19 (on coastal resources) the next year. In the two decades since the goals were adopted, most of them have been amended once or twice. The table on the next page shows when each goal was initially adopted and the dates of any amendments to it. There are three key dates in adopting or amending a goal: . When the Land Conservation and Development Commission (LCDC) votes to adopt the goal or amendment; . When the goal or amendment is filed with the Secretary of State's office; . When the goal or amendment takes effect. In most cases, a new goal or an amendment takes effect on the day when it is filed with the Secretary of State. That usually occurs a few weeks after LCDC's vote for adoption. The first entry in each cell of the table shows when LCDC voted to adopt or amend a goal. The second entry shows when the goal or amendment took effect. See table on next page . . . ... . I Ia- J ,- - , y OREGON'S STATEWIDE PLANNING GOALS . , GOAL ADOPTED; AMENDED; AMENDED; AMENDED; AMENDED; AMENDED; NUMBER EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE 1 12-27-74; 2-17-88; 1-25-75 3-31 -88 2 12-27-74; 12-16-83; 2-'7.88; 1-25-75 12-30-83 3-31 -88 3 12-27-74; 12-16-83; 2-' 7-88; 8-7-92; 2-18-94; , .25-75 12-30-83 3-31-88 8-7-93 3-1-94 4 12-27-74; 12-16-83; 1-25-90; 8-7.92; 2-' 8-94; 1-25-75 12-30-83 2-5-90 8-7-93 3-1-94 5 12-27-74; 2-17-88; 1-25-75 3-31-88 6 12-27-74; 1-25-75 7 12-27-74; 1-25-75 8 12-27-74; 10-11-84; 2-17-88; 1-21-94; 1-25-75 10-19-84 3-31-88 3-18-94 9 12-27-74; 2-17-88; . 1-25-75 3-31-88 10 12-27-74; 2-17-88; - 1-25-75 3-31-88 r 11 12-27-74; 2-17-88; 10-28.94; , -25-75 3-31-88 12-5-94 z-. 12 12-27-74; ". 1-25-75 13 12-27-74; 1-25-75 14 12-27-74; 9-5-80 · 2-17-88; 1 0-28-94; 1-25-75 3-31 -88 1 2-5-94 15 12-6-75; 1 2-4-80; 2-17-88; I 12-24-75 12-17-80 3-31-88 ~-J if! 16 12-18-76; 10-11-84; !ii 6- 7.77 10-19-84 ~ ;;~ 17 12-18-76; 10-11-84; ~ 6-7-77 10-19-84 (~ 18 12-18-76; 10-11-84; 2-17-88; -.~ 6-7 -77 10-19-84 3-31-88 ~~~'-d 19 12-18-76; 10-11-84; - ~ --1 [I 6- 7 - 77 10-19-84 -- Fcl ~ . This amendment to Goal 14 was invalidated by a court decision and thus did not remain in effect. rO, fA h~ ;j 1:1 "" .., '" Mil Northern States Power Company - - Northwest Region 3515 3rd Street North P.O, Box 808 Saint Cloud. Minnesota 56302-0808 Telephone (612) 255-8600 July 2, 1997 Ms. Rachel Stapleton City Admin/Clerk/Treasurer, St. Joseph PO Box 668 St. Joseph, MN 56374-0668 Dear Rachel: . Hot, humid summer weather is upon us, and that means high demands for electricity. This summer, somewhat unusual conditions are adding more than the normal stress to the NSP system. I'm writing to let you know the facts about this summer's energy situation and what we're doing to guarantee reliable energy for your community. Utilities routinely transmit power between regions. When one utility or region is experiencing a shortage or other difficulty, other utilities sell power and transmit it across the transmission grid to the area in need. This summer, an unusual, temporary shortage of electric generation exists in eastern Wisconsin, and fortunately, additional capacity is available from Minnesota and areas to the west and north. While some of the generation comes from NSP plants, much of it is coming from other utilities, calTied across NSP transmission lines. To date, we've been able to deliver the extra power that's needed, but as the hottest part of the summer approaches, we are stretching our transmission capabilities. This situation puts our transmission system at a higher than normal risk for problems on the system. Potential problems for NSP would not be due to a shortage of generation here, but rather to overloading of the transmission system that delivers the power. . " 2 - - NSP has taken every possible step to reduce the risk of outages. If we experience a prolonged period of hot weather leading to increased electric demand by our customers, we have operating guidelines in place that we expect will prevent service interruptions. Only if power deliveries to eastern Wisconsin are at very high levels and system failures occur would NSP customers be affected; in that unlikely event, some customers in western Wisconsin could see short-term interruptions. The bottom line is this: We are committed to helping our neighbors to the east during their current generation shortage and will deliver as much energy as possible, but only to the extent that service to our customers is not jeopardized. We know how important reliable energy is to your community, and we strive to offer you top-notch service and quality products every day. If you have questions or want to know more, please give me a call- 320-255-8610. We value your business, and NSP is proud to be your energy supplier. Sincerely, ~ . Karen Young Community Service Manager ts .