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HomeMy WebLinkAbout1981-073 Continuance Order AMND - Land Conservation a� Department of Land Conservation and Development VICTOR ATIVEH 1175 COURT STREET N.E., SALEM, OREGON 97310 PHONE (503) 378-4926 mtwwn October 19, 1981 The Honorable L. Gordon Medaris Mayor, City of Ashland 20 E Main Street Ashland, OR 97520 Dear Mayor Medaris: On September 25, 1981, the Commission reviewed objections to the City of Ashland's acknowledgment request for compliance with the Statewide Planning Goal 5. The Commission accepted the Department's recommendation and amended the enclosed order continuing your request for an additional 60 days. The purpose of the amended Continuance Order is to allow adequate time to meet the additional items to comply with Goal 5. Revisions to your plan and implementing measures must be returned to the Department by January 3, 1982. State financial assistance not to exceed $7,912. is available to help meet the costs of work identified in the "in order to comply" statements of the staff report. Attached is an agreement granting maintenance funds to meet the expenses of plan corrections. Should you desire these funds now, sign and return the grant form to the Salem office. Funds not granted now will be available upon acknowledgment. Full payment will be sent directly to you following our receipt of the grant agreement. Please feel free to contact your Field Representative, Mel Lucas, if you have any questions on the continuance order or completing your plan revisions. Co d 'al Asten D ector WJK:DZ:6886A/10B-17 Attachments cc: Jackson County Board of Commissioners John Fregonese, Ashland City Planning Director Jim Capp, Coordinator Mel Lucas, Field Representative Jim Millegan, Lead Reviewer Jim Knight, DLCD DLCD Library Portland Field Office Objectors and Commentors BEFORE THE LAND CONSERVATION AND DEVELOPMENT COMMISSION OF THE STATE OF OREGON IN THE MATTER OF ) THE CITY OF ASHLAND'S ) CONTINUANCE ORDER COMPREHENSIVE PLAN AND ) (AMENDED) IMPLEMENTING MEASURES ) This matter came before the Commission as a request from the City of Ashland on January 29, 1981, and September 25, 1981 (Goal 5 only), for Acknowledgment of Compliance pursuant to ORS 197.251 and the Commission Acknowledgment Rule, OAR 660-03-000 to 660-03-035. The Commission, having fully considered the City's comprehensive plan and implementing measures, comments and objections of interested parties, and the report of the Department of Land Conservation and Development, now enters its: Findings of Fact 1. The City of Ashland's comprehensive plan and implementing measures comply with Statewide Planning Goal(s) 8 and 13 for the reasons set forth in Section IV of the Department's report. 2. The City of Ashland's comprehensive plan and implementing measures do not yet comply with Statewide Planning Goal(s) 1, 2, 4-7, 9-12 and 14. For reasons set forth in the attached Department's report Ashland's continuance order is amended for Goal 5.. 3. A continuance would likely enable the City to obtain an acknowledgment of compliance more expeditiously than would a denial of acknowledgment because the nature of the revision needed is minor and will not require extensive Department analysis and notice actions which are initiated when a jurisdiction resubmits its plan and implementing measures following denial. 4. A denial of acknowledgment may seriously disrupt the City's local planning effort because a denial would likely lead to undue public loss of confidence in the use and legal effect of the City's plan and implementing measures. .Continuance Order -2- City of Ashland (Amended) 5. The Department of Land Conservation and Development and the City of Ashland have agreed that the additional work toward compliance with Statewide Planning Goal(s) 1, 2, 4-7, 9-12 and 14 can be completed in an additional 60 days. 6. The City of Ashland has consented to a continuance of its acknowledgment request. Conclusions 1. The comprehensive plan and implementing measures of the City of Ashland require additional planning work in order to be considered by the Commission to be in compliance with Statewide Goals. 2. Additional time is necessary for the City to complete additional planning work necessary to bring its comprehensive plan and implementing measures in compliance with all Statewide Goals. 3. The additional planning work on comprehensive plan and implementing measures can reasonably be completed in an additional 60 days. THEREFORE, IT IS HEREBY ORDERED THAT: In accordance with ORS 197.251 and the Commission's Acknowledgment Procedure Rule, OAR 660-03-000 to 660-03-035, the acknowledgment request of the City of Ashland is continued and the City is granted an additional 60 days in which to complete the additional planning work set forth in this order. DATED THIS 19TH DAY OF OCTOBER, 1981. FOR THE COMMISSION: varsten, Director DL-rpartment of Land Conservation and Development You are entitled to judicial review of this Order. Judicial Review is governed by the provisions of Section 10, Chapter 748, Or laws 1981. WJK:DZ 6758A/8B-19-20 C I Y OF ASHLAND Goal 5 Please insert the attached amended page 6 into the City of Ashland/Goal 5 staff report you previously received. City of Ashland (Goal 5) =6- September 9, 1981 Conclusion: As noted above; the objection--filed under OAR 660-16-000 to the City of Ashland's Plan raises a number of valid compliance issues. The Commission's earlier, review and compliance requirements recognized that the City's plan and ''implementing measures were inadequate for many of the Goal 5 resources. The earlier compliance requirements reflect these deficiencies, however, they would not necessarily ensure compliance with OAR 660-16-000. These deficiencies are discussed in the above response to objections subsections. The Commission's Continuance Order and Report the City of Ashland for Goal 5 is amended to require the City to do the following: Based on objections raised under OAR 660-16-000, Ashland must: 1. Amend the plan to include inventories, in accordance with OAR 660-16-000 on the location of the Bear Creek Trail and the location, uag lity and quantity of aggregate resources and fish and wild a habitats in the area. 2. Identify the conflicting uses and analyze the economic, social, environmental and energy consequences of the conflicting uses for the following resources: aggregate, open. space, scenic and fish and wildlife habitat. 3. For aggregate, open space, scenic and fish and wildlife habitats, the City must, based on "1" and "2" above, develop a program as outlined in OAR 660-16-000 to achieve the Goal. Note: This may include amendment of Policies "B" and "F" on page 11 of the plan consistent with Goal 5 as expressed by the rule. 4. In cooperation with ODOT, the City must either: a. Adopt a policy to address the Bear Creek Trail in the future if the trail appropriately falls within Category 1B of OAR 660-16-000; or b. If the trail falls within Category 1C, the City must- identify conflicting uses and ESEE consequences for the Bear Creek Trail. Based on this analysis, the City must take steps to either protect the identified trail, modify the route and protect the trail or have ODOT delete the trail from its list. In order to resolve issues raised in the original staff report not addressed above, the City must: 5. Amend the plan to include inventories on the location, quality and quantity of energy, groundwater and historic resources. 6. Adopt ordinance provisions which implement plan policies for historic resources by providing a review process of development actions to protect identified resources and/or provide mechanism for resolving conflicts. es9 Department of Land Conservation and Development VICTOR♦TIVeR 1175 COURT STREET N.E., SALEM, OREGON 97310 PHONE (503) 378-4926 MEMORANDUM DATE: TO: (Jurisdictions Under Acknowledgment Continuance Orders) FROM: W. J. Kvarsten, Director SUBJECT: USE OF 1981-82 MAINTENANCE GRANT FUNDS TO CORRECT PLAN DEFICIENCIES Enclosed is an application and agreement form which you may find convenient to request funds against your 1981-82 Maintenance Grants. As you know, the Commission has expanded maintenance grant eligibility to provide funds to help jurisdictions correct plan and implementing measure deficiencies identified in Continuance Orders. The total amount for which you are eligible is listed on the attached application and agreement. Two copies of this form (with related documents) are to be sent to the Department: one to your local Field Representative and one to the central office in Salem. Upon approval , Field Representatives can authorize juris- dictions to begin to incur costs even though final processing of the requests by the Salem office is not completed. Disbursement of the grant amount will be in one payment. Please contact your Field Representative for any questions concerning your compliance tasks. Questions on your eligible grant amount, grant disbursement, etc. , should be directed to John Vaughn of our Salem office at 378-5881 or 1-800-452-7813. EH:dz Enclosure cc: Field Representative Local Coordinator DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT MAINTENANCE GRANT APPLICATION AND AGREEMENT FOR 1981-82 (To Correct Plan Deficiencies) GRANT No. CM 81619 1 . Applicant City of Ashland 2. Planner in Charge Address 20 East Main Street, Ashland, Or. 97520 Phone Number 3. Population (In 1979-Portland State; Center for Population Research) 4. Dates of Continuance and Grant Period--Begin: 3/9/81 End: 1/3/82 5. 1981-82 Maintenance Amount $ 7,912.00 6. Total Grant Amount Requested (State share only)* $ Signature: Date: Mayor, Chairman of County Board or County Judge Signature: Date:OC I T 19 1981 Directo , D a t ent of Land Conservation and Developme In executing this agreement, the jurisdiction agrees to use the maintenance grant monies disbursed solely for the correction of plan deficiencies listed in the Commission adopted Continuance Order and further agrees to resubmit its plan and ordinances for acknowledgment by the end date of the Continuance period (4 above) . Upon receipt of this signed agreement, the Department will review the grant amount requested and upon approval attach the Continuance Order which constitutes the work program. Grantee agrees, to the standard and special conditions of this agreement (see reverse) . *Amount requested cannot exceed eligible maintenance amount. If a jurisdiction requests less than full maintenance amount, the remainder will be offered following acknowledgment. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT PLAN DEFICIENCY MAINTENANCE AGREEMENT CONDITIONS A. Standard Conditions 1 . A report of work performed as a result of this grant and the expenditures during the grant period shall be submitted by the grantee to DLCD at the term of the agreement. Eligibility for subsequent comprehensive plan maintenance funding is contingent upon receipt of such reporting by the Department of Land Conservation and Development. 2. The grant funds received by Grantee pursuant to this grant agreement shall be expended only to accomplish and carry out the activities appropriate to maintenance grants as described in this agreement and continuance order. 3. Standard accepted accounting and fiscal records will be maintained by Grantee of the receipt and expenditure of funds pursuant to this grant agreement. Grant accounting 'records will be separately maintained from other accounting records. 4. The Attorney General of the State of Oregon and the Director of the Department of Land Conservation and Development (DLCD) or any other duly authorized representative, shall have access to and the right to examine any pertinent books, documents, papers , and records of trans- actions related to this agreement for three years after the final report is submitted. During the grant period, reports on work activities will -be furnished promptly to the Director of DLCD if requested. 5. If Grantee shall fail to comply with any of the requirements or conditions of this agreement, the LCDC may, in its sole discretion and without incurring liability therefore, refuse to perform further pursuant to this agreement, except that LCDC shall make further disbursement to Grantee necessary to pay for services accrued, but not paid prior to the date of such refusal . Grantee shall upon demand by LCDC promptly repay LCDC any unobligated funds. B. Special Conditions y, DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT MAINTENANCE GRANT APPLICAT16N AND AGREEMENT FOR 1981-82 (To Correct Plan Deficiencies) GRANT No. CM 81619 1 . Applicant City of Ashland 2. Planner in Charge Address 20 East Main. Street, Ashland, Or. 97520 Phone Number 3. Population (In 1979-Portland State; Center for Population Research) 4. Dates of Continuance and Grant Period--Begin: 3/9/81 End: 1/3/82 5. 1981-82 Maintenance Amount $ 7,912.00 6. Total Grant Amount Requested (State share only)* $ Signature: Date: Mayor, Chairman of County Board or County Judge Signature: Date:OCT 19 1981 Director, D a tment of Land Conservation and Developme In executing this agreement, the jurisdiction agrees to use the maintenance grant monies disbursed solely for the correction of plan deficiencies listed in the Commission adopted Continuance Order and further agrees to resubmit its plan and ordinances for acknowledgment by the end date of the Continuance period (4 above) . Upon receipt of this signed agreement, the Department will review the grant amount requested and upon approval attach the Continuance Order which constitutes the work program. Grantee agrees to the standard and special conditions of this agreement (see reverse) . *Amount requested cannot exceed eligible maintenance amount. If a jurisdiction requests less than full maintenance amount, the remainder will be offered following acknowledgment. DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT PLAN DEFICIENCY MAINTENANCE AGREEMENT CONDITIONS A. Standard Conditions 1 . A report of work performed as a result of this grant- and the expenditures during the grant period shall be submitted by the grantee to DLCD at the term of the agreement. Eligibility for subsequent comprehensive plan maintenance funding is contingent upon receipt of such reporting by the Department of Land Conservation and Development. 2. The grant funds received by Grantee pursuant to this grant agreement shall be expended only to accomplish and carry out the activities appropriate to maintenance grants as described in this agreement and continuance order. - 3. Standard accepted accounting and fiscal records will be maintained by Grantee of the receipt and expenditure of funds pursuant to this grant agreement. Grant accounting records will be separately maintained from other accounting records. 4. The Attorney General of the State of Oregon and the Director of the Department of Land Conservation and Development (DLCD) or any other duly authorized representative , shall have access to and the right to examine any pertinent books, documents , papers , and records of trans- actions related to this agreement for three years after the final report is submitted. During the grant per reports on work activities will be furnished promptly to the Director of DLCD if requested. 5. If Grantee shall fail to comply with any of the requirements or conditions of this agreement, the LCDC may, in its sole discretion and without incurring liability therefore, refuse to perform further pursuant to this agreement, except that LCDC shall make further disbursement to Grantee necessary to pay for services accrued, but not paid prior to the date of such refusal . Grantee shall upon demand by LCDC promptly repay LCDC any unobligated funds. B. Special Conditions CERTIFICATE OF SERVICE I hereby certify •that on _, &^� o2d C16, 1981 , I served a correct and true copy of Com� Continuance Order for the City of Ashland by mailing, first class postage, to the following persons : Honorable L . Gordon Medaris Mayor, City of Ashland 20 E. Main Street Ashland, OR 97520 Planning Director City of Ashland City Hall Ashland , OR 97520 Donald J . Schofield, Chairman Board of Commissioners Jackson County Courthouse Medford OR 97501 Jim Capp , Coordinator Jackson County Jackson County Courthouse Medford , OR 97501 Dated this 6adZ� L ,�70 1981 . Signed : DZ : cp 6963A/pl