Item A: Delta Sand and Gravel - Laserfiche WebLink

Home Browse Search

The subject property contains no estuarine resources, shorelines, beaches, dunes, or ocean resources. Accordingly, Goals 16, 17, 18, and 19 are not applicable. Adoption of the amendment must not make the Metro Plan internally inconsistent. Neither the Eugene Code nor the Metro Plan has been amended to adopt procedures and requirements consistent with the Goal 5 Rule for the consideration of PAPAs regarding the designation of significant aggregate sites or specific criteria regarding the consideration of a PAPA proposing to add a site to the Metro Plan’s acknowledged list of significant aggregate sites. Therefore, only the provisions of the Goal 5 Rule are directly applicable to Eugene’s consideration of this application. Metro Plan goals and policies and land use regulations of Lane County and the City of Eugene are not applicable to this application. The Land Use Board of Appeals has recently discussed OAR 660-023-0180’s comprehensive regulatory scheme that is intended to supersede local land use laws and policies. Based on LUBA’s decision in Eugene Sand and Gravel Inc. v. Lane County, 44 Or LUBA 50, rev’d in part on other grounds, 189 Or App 21, 74 P3d 1085 (2003), it appears that LUBA believes the City is prohibited from considering or applying Metro plan policies that go beyond OAR 660- 023-0180 in reviewing this proposal. Since these findings have identified other bases for denial of the proposal, the City does not address the Metro Plan policies. However, it is not clear to the City that the Goal 5 rule absolutely prohibits the City from doing so. Ordinance - 30