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approve 3.Ordinance 3: An ordinance and findings that the application, based on the findings adopted by the County. The council directed staff to prepare the three ordinances described above. A second meeting has been scheduled to provide the council additional time to review the findings and deliberate before acting. BACKGROUND The applicant, Delta Property Company, requests that the Statewide Planning Goal Inventory for Significant Mineral and Aggregate Sites be amended to allow a 72.31 acre expansion of the existing 474 acre sand and gravel operation. The application is a “Post-Acknowledgement Plan Amendment” (PAPA) as provided for by Goal 5 Rule for mineral and aggregate resources, Oregon Administrative Rules 660-023-180. The Metro Plan Designation is proposed to be changed from “Agriculture” to “Sand & Gravel.” If the Metro Plan amendments are approved by both the City and the County, the County has independent authority over the applicant’s request to change the site’s zoning from “E30/Exclusive Farm Use (LC 16.212)” to “SG/Sand, Gravel & Rock Products (LC 16.217).” The proposal requests a variance to Lane Code 16.217(4)(b)(v)(dd) to excavate within the 150’ setback along East Santa Clara waterway in order to complete a low permeability barrier to reduce groundwater flow into the excavated area. If the City approves the Metro Plan amendments, the County’s February 20, 2008, decision would result in the County’s approval of the variance and the zone change request (with conditions). On February 21, 2007, the City Council began deliberations and made a tentative decision (not formally a part of an adopted ordinance and findings) that the applicant failed to demonstrate the site contained significant resources. Adoption of an ordinance and findings that conclude there is not a significant resource on the site would result in a City decision denying the application. The County Board acted to approve the application on February 20, 2008. If the City and County adopt different decisions, the matter will be referred to the Metropolitan Policy Committee (MPC) for dispute resolution. RELATED CITY POLICIES The subject property is currently designated by the Metro Plan as Agriculture, not Sand and Gravel. The Metro Plan encourages the use of the Urban Growth Boundary and park lands to separate sand and gravel resources from residential areas. The subject property is separated from urban residential properties on the other side of the UGB only by the East Santa Clara waterway, which is a protected Goal 5 water resource site inside the UGB. The Metro Plan contains these policies that address this topic: ·Sand and gravel sites identified as significant by the Metro Plan shall be protected in accordance with the requirements of the Goal 5 Rule. (Metro Plan page III-C-11) ·When development is allowed to occur in the floodway or floodway fringe, local regulations shall control such development in order to minimize the potential danger to life and property. (Metro Plan page III-C-16) F:\CMO\2008 Council Agendas\M080421\S080421A.doc