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·Within the UGB, development should result in in-filling of partially developed land. Outside the UGB, areas affected by the floodway and floodway fringe shall be protected for their agricultural and sand and gravel resource values, their open space and recreational potential, and their value to water resources. (Metro Plan page III-C-16) The Land Use Board of Appeals (LUBA) has recently interpreted relevant state rules and determined that the comprehensive regulatory scheme governing this matter supersedes local land use policies. Therefore, these policies are not applied to the application. COUNCIL OPTIONS The City Council has the following options: 1.Adopt one of the three ordinances prepared for council review along with the accompanying findings; 2.Direct staff to amend the findings prior to adoption of one of these ordinances; or 3.Request that staff gather more information from the record before acting. CITY MANAGER’S RECOMMENDATION The City Manager recommends adoption of Ordinance 1, which will deny the application based on insufficient evidence that the site contains significant resources and that dust impacts to surrounding properties are not adequately mitigated. The conclusions of Ordinance 1 combine the previous determination of the council (i.e., the site is not proven to be a significant resource) and the recommendation of the Eugene Planning Commission that dust impacts are not inadequately mitigated. The Eugene Planning Commission’s recommendations are also reflected in the positive findings related to the adequacy of the information contained in the application and mitigation of impacts caused by traffic, noise, flooding, groundwater, wetlands and other sensitive habitats, and agriculture. By adopting Ordinance 1, which addresses all the Goal 5 decision points (as opposed to Ordinance 2, which does not), the council will save time later if this decision is reviewed by MPC or appealed to the Land Use Board of Appeals. SUGGESTED MOTION Move that the City Council adopt Ordinance 1, including the findings attached to the ordinance. ATTACHMENTS A. Decision tree and summary findings denies B. Ordinance 1, which reviews all the relevant criteria and the application based on findings that the applicant failed to prove that: (1)the site contains significant aggregate resources, and (2)the impacts of dust were not adequately mitigated; denies C. Ordinance 2, which the application on the sole basis that the applicant failed to prove that the site contains significant aggregate resources; and approves D. Ordinance 3, which the application. E. Vicinity map A complete copy of the record has been placed in the Council Office. F:\CMO\2008 Council Agendas\M080421\S080421A.doc