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and is located within the Metro Plan boundary. The property is zoned Exclusive Farm Use 30 (E- <br />30). The property is described as Tax Lots 3600, 3601 and 3700 of Lane County Assessor’s <br />Map No. 170412; Tax Lot 3600 of Lane County Assessor’s Map No. 1704122; Tax Lots 5600 <br />and 6200 and a portion of 100 of Lane County Assessor’s Map No. 17041231; and Tax Lots 300, <br />400 and a portion of 600 of Lane County Assessor’s Map No. 17041240; The property is <br />bounded on the east by the existing Delta Sand and Gravel Company aggregate mining site, on <br />the west and south by residential land and on the north by residential and agricultural land. <br /> <br />The site is relatively flat and is primarily used for grass production with the exception of <br />approximately 5.5 acres of shrub nursery on the northeast portion of the property. Three <br />residential sites with associated outbuildings are located on the property. Two excavated ponds <br />(used for gravel extraction prior to 1977) are located on the property. A remnant meander scar of <br />the Willamette River is located on the western boundary of the property. <br /> <br />The overall site slope and drainage is to the northwest toward the abandoned meander scar or <br />oxbow of the Willamette River. On the southern portion of the property local drainage is <br />towards the ponds. No seeps or springs have been located on the property. Trees flank the <br />meaner scar along the western boundary of the property and blackberries are predominant around <br />the excavated ponds (with the exception of a few small trees at the western end of the ponds). <br /> <br /> <br />Description of Proposed Amendments <br />. <br /> <br />The application before Lane County and the City of Eugene seeks approval of the following: <br /> <br /> 1. An amendment to the Metro Plan diagram designating the subject property as <br />Sand and Gravel; <br /> <br /> 2. An amendment of the Metro Plan Goal 5 Significant Aggregate Site Inventory to <br />include the subject property as a significant aggregate resource site; <br /> <br /> <br />3.A change in the zoning of the subject property from Exclusive Farm Use to Sand, <br />Gravel & Rock Products; <br /> <br />4. An administrative variance to allow construction of a low permeability barrier <br />within the setback area pursuant to Lane Code 16.217(4)(b)(v)(dd). <br /> <br />The subject property is located within the Eugene-Springfield Metropolitan Comprehensive Plan <br />(Metro Plan) boundary and is located outside of the Eugene Urban Growth Boundary. <br />Applications for amendments to the Metro Plan diagram regarding property located within the <br />Metro Plan boundary and outside of the Eugene Urban Growth Boundary are filed with Lane <br />County and require the approval of the City of Eugene and Lane County. <br /> <br /> <br /> <br />METRO PLAN AMENDMENT -LANE CODE CRITERIA <br /> <br />OAR 660-023-0180 is the Oregon Statewide Planning Goal 5 Rule regarding aggregate resources. <br />OAR 660-023-0180(9) provides that if local governments have not amended their comprehensive <br />plans and land use regulations to include procedures and requirements consistent with the Goal 5 <br />Rule for the consideration of post-acknowledgement plan amendments (PAPAs) regarding <br />aggregate resources, the procedures and requirements of the Goal 5 Rule shall be directly <br />applicable to a local government consideration of a PAPA. Therefore, Metro Plan, Lane Code and <br />Eugene Code land use regulations related to PAPAs regarding aggregate resources are not <br />applicable to this application. The Land Use Board of Appeals decision in <br />Morse Bros. v. Columbia <br />Page 3 – FINDINGS OF FACT <br /> <br />