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<br />These revised findings would deny the application based on the following reasons: <br />a. The application was not complete because it did not include a traffic impact analysis; <br />b. The applicant failed to prove the site contains significant aggregate resources; <br />c. Dust conflicts were not adequately minimized; <br />d. Noise conflicts were not adequately minimized; and <br />e. Traffic impacts were not adequately quantified. <br /> <br /> <br />RELATED CITY POLICIES <br />The Land Use Board of Appeals (LUBA) has recently interpreted relevant state rules and determined that <br />the comprehensive regulatory scheme governing this matter supersedes local land use policies. <br /> <br />Therefore, local policies are not applied to the application. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />The City Council may consider the following options: <br />1. Adopt the draft ordinance and findings included in Attachment B (legislative version) and C (clean <br /> version). <br />2. Adopt the draft ordinance and findings included in Attachment B (legislative version) and C (clean <br /> version) with specific modifications as determined by the City Council (e.g., pass a motion to <br /> remove specific findings). <br />3. Direct the manager to prepare one of the three draft ordinances described in the April 21, 2008, <br /> AIS, included as Attachment D. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br /> <br />The City Manager recommends that the council adopt the ordinance and findings contained in <br />Attachment C, which will deny the application based on the reasons outlined in the staff analysis <br />described in Attachment A. <br /> <br /> <br />SUGGESTED MOTION <br /> <br />Move to approve the draft ordinance attached as Attachment C, including the findings attached to the <br />ordinance. <br /> <br /> <br />ATTACHMENTS <br /> <br />A. Staff analysis of issues requested by the council on April 21, 2008 <br />B. Ordinance 1 (Council Bill 4791, initially provided to the council for the April 21 work session) with <br /> revised findings shown in legislative format <br />C. Ordinance 1 (Council Bill 4791, initially provided to the council for the April 21 work session) with <br />revised findings. This is the same ordinance and findings as provided in Attachment B, but in final <br />format for adoption <br />D. Agenda Item Summary from April 21, 2008, work session <br /> <br />A complete copy of the record has been placed in the Council Office. <br /> <br /> <br /> <br /> Z:\CMO\2008 Council Agendas\M080728\S0807286.doc <br /> <br />