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

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allowing mining at the site. Local governments shall reach this decision by weighing these ESEE consequences, with consideration of the following: (A) The degree of adverse effect on existing land uses within the impact area; (B) Reasonable and practicable measures that could be taken to reduce the identified adverse effects; and (C) The probable duration of the mining operation and the proposed post-mining use of the site. The joint Planning Commissions found adverse effects within the impact area. They agreed the conflict due to dust was one conflict identified under OAR 660-023-180(4)(b)(A) through (F) that could not be reduced below a significant level (minimized). In addition to dust, the Lane County Planning Commission found that conflicts could not be minimized for groundwater, wetlands, and flooding. The applicant could prepare an ESEE analysis in accordance with this section of the Rule for review by the Board of Commissioners and Eugene City Council for consideration in the decision making process. STEP 5: DETERMINE ESEE CONSEQUENCES OF NEW USES OAR 660-023-180(5): Local governments shall follow the standard ESEE process in OAR 660-023-0040 and 660-023-0050 to determine whether to allow, limit, or prevent new conflicting uses within the impact area of a significant mineral and aggregate site. (This requirement does not apply if, under section (4) of this rule, the local government decides that mining will not be authorized at the site.) No potential new uses have been identified in the impact area. The site is adjacent to existing sand and gravel extraction and mostly developed residential zoned and agricultural zoned property. There is no need for an EESE analysis of potential new uses. STEP 6: LANE CODE 16.252 PROCEDURES FOR REZONING AND RURAL COMP PLAN AMENDMENTS The Urban Transition Agreement between the city and county applies only within the UGB, so because the Delta expansion site is outside the UGB where Lane Code Chapter 16 zoning applies, the rezoning decision is a Lane County Board decision. Lane Code 16.252(2) Criteria. Zonings, rezonings and changes in the requirements of this Chapter shall be enacted to achieve the general purpose of this Chapter and shall not be contrary to the public interest. In addition, zonings and rezonings shall be consistent with the specific purposes of the zone classification proposed, applicable Rural Comprehensive Plan elements and components, and Statewide Planning Goals for any portion of Lane County which has not been acknowledged for compliance with the Statewide Planning Goals by the Land Conservation and Development Commission. Any zoning or rezoning may be affected by Ordinance or Order of the Board of County Commissioners, the Planning Commission or the Hearings Official in accordance with the procedures in this section. Lane County policies require that known resource sites within the County shall be conserved for both present and future uses through the application of Plan designations and compatible land use regulation measures. The appropriate Metro Plan designation for a significant mineral & aggregate site outside the Eugene-Springfield Metro UGB is “Sand and Gravel”, and the land use regulation measures for this Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 16 of 23