Item 6: Ordinance on Delta Sand and Gravel

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Delta Sand and Gravel An Ordinance Denying Proposal to Amend the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Revise the Goal 5 Significant Mineral and Aggregate Resources Inventory and Redesignate from “Agriculture” to “Sand & Gravel;” and Providing an Effective Date Meeting Date: July 28, 2008 Agenda Item Number: 6 Department: Planning and Development Staff Contact: Kurt Yeiter www.eugene-or.gov Contact Telephone Number: 682-8379 ISSUE STATEMENT Delta Sand and Gravel has applied to Lane County for amendments to the Metro Plan, a change in zoning, and two variances to allow an expansion of their aggregate resource extraction business (a quarry) onto a property located immediately outside the Eugene Urban Growth Boundary (UGB). The requested Metro Plan amendment requires approval by both the County and the City of Eugene. Lane County has unilateral authority over the requested zone change and variances. This is a continued discussion from April 21, 2008. The agenda item summary from the April 21, 2008, meeting is included in Attachment D for a full description of the issues and background. BACKGROUND On April 21, 2008, after reviewing draft ordinances and findings, the council passed the following motion: “In lieu of adopting an ordinance tonight, I move to direct staff to perform further analysis of the application’s consistency with the criteria, considering citizen involvement and transportation-related impacts, impacts caused by mining of the aquaclude within 150 feet of existing residences, noise impacts on existing residences and the impact approval would have on the supply of residential land. I further move to direct staff to, if that analysis warrants, return to City Council with revised findings for Ordinance 1 (Council Bill 4791) determining that the application has failed to meet additional criteria.” Staff analysis requested by this motion is provided as Attachment A to this agenda item summary. Attachment B includes a copy of Ordinance 1 (Council Bill 4791, initially provided to the council for the April 21 work session) with a set of revised findings. As requested by the council motion, the findings in Attachment B include additional findings on the identified issues, where staff have determined that the record supports a finding that the application failed to meet applicable criteria. The findings show, in legislative format, changes to the findings of denial that were provided in Attachment B to the April 21 Agenda Item Summary. Attachment C includes the same ordinance and findings as Attachment B, but in final format suitable for adoption (without the legislative format in the findings). Z:\CMO\2008 Council Agendas\M080728\S0807286.doc