Item 6: Ordinance on Delta Sand and Gravel

Home Browse Search

16.217(4)(v) (aa) The Director may grant an administrative variance to decrease the setback upon showing that the eventual utilization of the site is compatible with a smaller setback up to the following minimums: (i-i) Fifty feet from the boundary of any nonresidential zone, or the right-of- way of an existing street or road. (ii-ii) One hundred feet from the boundary of a residential zone. Lane County has approved this variance, pending approval of the comprehensive plan amendments and zone change. Conditions of approval applied to mining operations would not automatically apply to construction of the aquaclude if it is not considered a mining activity; however, it is the County’s intention to enforce all descriptions of construction activities and mitigation measures included in the application as part of the project description. The City can argue that construction of the aquaclude is, in fact, a mining operation and subject to all DEQ setbacks and regulations, but ultimately the decision rests with Lane County. State definitions of “Mining” are attached at the end of the staff analysis. Most of the land located inside the UGB adjacent to the expansion site is zoned for residential use, except that the residential area along Echo Lane and the 8 acre undivided Kempf property are zoned “Agriculture” and the 4J property to the north is zoned “Public Land.” Lane Code would apply the 50-foot setback to these properties not zoned Residential. Where a right-of-way in a residential zone abuts the expansion area, such as portions of Hunsaker Lane, the 50-foot setback would apply. The existing residences that would be most impacted by the reduced setback area are some along Hunsaker Lane on the southerly side of the expansion site (located within 150 feet of the aquaclude construction), and homes located at the southern end of Admiral Street, located northerly of the expansion site (with houses within 200 feet of the aquaclude). Construction of the aquaclude would occur at an early stage of use of the expansion site and, while construction of each segment would be of relatively limited duration, construction of the entire aquaclude may take 6-8 years. In the end, whether installation of the aquaclude is treated as a construction activity or mining, the net effect to the nearest residences would be the same as if mining were allowed 50-100 feet nearer than the standard setback, except that the aquaclude will be more quickly backfilled to grade level. Specific possible impacts of the reduced setback are discussed below. Noise. The variance would allow excavation/construction activities 50-100 feet closer to some existing residences. Staff does not find in the record a succinct summary of the difference this would cause in terms of noise (i.e., comparing the noise at the 50 and 150 foot setbacks from residential areas, for instance). DSA Engineers prepared a report for the applicant to study the noise impacts of the aquaclude construction (Exhibit 221 in the record). It states that construction of the aquaclude would be exempt from DEQ noise regulation (if it is not considered a mining activity), but DSA used DEQ noise standards as a benchmark for their recommendations. DSA suggests that the distance between the excavation and residences can be less and still meet noise standards if excavation activities by certain equipment were limited to less than 30 minutes each hour