Item 1: PH on Ordinance Amending Metro Plan (Delta Sand and Gravel)

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: Delta Sand and Gravel An Ordinance Amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) to Revise the Goal 5 Significant Mineral and Aggregate Resources Inventory and Redesignate from “Agriculture” to “Sand & Gravel;” Adopting Savings and Severability Clauses; and Providing an Effective Date Meeting Date: November 1, 2006 Agenda Item Number: A Department: Planning and Development Staff Contact: Kurt Yeiter www.eugene-or.gov Contact Telephone Number: 682-8379 ISSUE STATEMENT Delta Sand and Gravel requests amendments to the Metro Plan, a change in zoning, and two variances to allow an expansion of their aggregate resource extraction business (quarry) onto a property located inside the Metro Plan boundary but immediately outside the Eugene UGB, along East Santa Clara waterway north of Hunsaker Lane. Local land use regulations require that both the City and Lane County act in concert regarding the Metro Plan amendments. The zone change and variances are the sole purview of Lane County. This meeting provides a joint public hearing for the City Council and Board of County Commissioners. The decision is quasi-judicial. The hearing is “de novo” (i.e., based on the record formed by the Planning Commissions), but the decision makers can decide to accept more evidence. Lane County is the lead agency whose staff prepared the record, detailed staff notes, and draft ordinance for this hearing. BACKGROUND Please see the Lane County staff notes for a description of the application, state rules about the Goal 5 process for reviewing aggregate resources, and the Planning Commissions’ recommendations. This AIS is a supplement for the Eugene City Council. The City and County Planning Commissions held a joint hearing, left the record open to allow ample opportunity for testimony, and met several times to consider the evidence. Each commission made a recommendation to its respective elected body. Neither commission found that the applicant had adequately mitigated all potential significant conflicts. Specifically, the Eugene Planning Commission recommends that (in the order of the decision template provided by the County): . There is adequate information submitted in the application (unanimous) ? The applicant has demonstrated there exists a “significant” Mineral & Aggregate Resource at the site ? and an analysis of potential conflicts, with conditions to minimize those conflicts proposed by the applicant, is warranted (3-2 vote). There were conflicts caused by the proposed use due to dust; noise; impacts to groundwater, ? wetlands and sensitive habitat; and agriculture, but conditions proposed by the applicant to minimize identified conflicts were sufficient except for dust. L:\CMO\2006 Council Agendas\M061101\S0611011.doc