Item 6: Ordinance on Delta Sand and Gravel

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(B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive Deleted: amendments to functional plan. ” plans, acknowledged comprehensive plans, and land use regulations which The Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) provides the significantly affect a transportation facility shall assure that allowed land regional policy framework through which the TPR is implemented at the local level. The uses are consistent with the identified TPR states that when land use changes, including amendments to acknowledged function, capacity, and level of service of the facility. comprehensive plans, significantly affect an existing or planned transportation facility, the local government must put in place measures to assure that the allowed land uses are consistent with the function, capacity and performance standards of those transportation facilities. Pursuant to OAR 660-012-0060(1), the TPR requires a determination of which transportation facilities will experience a significant effect as a result of the proposed Deleted: We find that approval of the plan amendment, and defines what constitutes a significant effect. A plan amendment is application will result in any change in considered to significantly affect a transportation facility if, for example, the amendment the applicant’s current (and future) use of local roads used for access and egress to will reduce the performance of the transportation facility below the minimum acceptable it facility. The applicant testified that the performance standard (often described in terms of Level of Service standards or proposed expansion area will only be used by the applicant to provide the volume/capacity ratios). If a local government determines that an amendment would resource that it processes on its existing significantly affect a transportation facility, the local government must put in place site into a marketable product. The applicant testified and that no change or measures to assure that the allowed land uses are consistent with the identified "function, modification of the applicant’s existing capacity and performance standards" of the facility ((OAR 660-012-0060(1)). An aggregate processing methodology or facility will be required as a result of the example of such a measure is conditioning approval on the construction of a minor street proposed expansion of its resource improvement. extraction site¶ . Approval of the application will result only in the applicant’s use of the To comply with OAR 660-012-0060, the City must evaluate the proposed plan proposed expansion area as an additional, continual and consistent source of amendment relative to criteria used in TPR to determine "significant effect" on local Formatted: Font: 12 pt aggregate material needed for the transportation facilities. continuation of the applicant’s business, at its current level of operation and production, at its current facility. The The applicant has simply stated that it does not intend to increase its current traffic applicant testified that that use will not result in any increase in the number of impacts as a result of the site expansion. However, the applicant neither provides data vehicles leaving or entering the establishing its current level of use (trip generation, peak hour usage, etc.) or proposes applicant’s facility for the purpose of delivering its finished product to market. any legally enforceable guarantee that it will hold itself to that level of use. While the That use will not result in an increase in City agrees that the applicant could show consistency with Goal 12 by providing such a the number of vehicles servicing applicant’s business. ¶ guarantee, possibly through a condition imposing a trip cap for example, without data The Eugene City’s Senior Transportation about the facility’s current transportation impacts, the City cannot formulate a condition Analyst, questioned the long range impact of the permit. Exhibit 29. to ensure such consistency. Approval of the permit would extend the life of this operation, at current levels, Formatted: Font: 12 pt beyond the horizon of the regional Based on the above discussion, the applicant has not shown consistency with Statewide transportation model. Therefore, future Planning Goal 12. impacts are unknown and were not assessed as part of this review. ¶ But, because no increase in product delivery or service is associated with the applicant’s proposed use of the expansion area, we find that Metro area Statewide Planning Goal 13 transportation facilities will not be significantly affected as a result of To conserve energy approval of the application.¶ Therefore, we find that approval of the application is consistent with the intent and purpose of Goal 12.¶