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

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, 37 Or LUBA 85 (1999) supports the conclusion that OAR 660-023-0180(9) preempts the County application of local comprehensive plan amendment or zone change criteria to such PAPAs until the local comprehensive plan and land use regulations have been amended to comply with the Goal 5 Rule. Furthermore, the conflicts to be considered by local government are limited by the Goal 5 rule to conflicts with land uses and does not include conflicts with otherwise applicable local government regulations. The Metro area jurisdictions have not amended the Metro Plan to adopt procedures and requirements consistent with the Goal 5 Rule for the consideration of such PAPAs. The Lane Code and the Eugene Code do not contain specific criteria regarding the consideration of a PAPA proposing to add a site to the Metro Plan’s acknowledged list of significant aggregate sites and have not been amended to conform to the requirements of the Goal 5 Rule through periodic review. Therefore, only the provisions of the Goal 5 Rule shall be directly applicable to Eugene and Lane County’s consideration of this application. General Lane Code and Eugene Code provisions for the processing of Metro Plan amendments are as follows. Lane Code 12.210 - Initiation of Plan Amendments. (1) Who Can Initiate Metro Plan Amendments. An amendment to the Metro Plan can be initiated by the following persons or entities: * * * * * b) Type II Plan Diagram and Site Specific Text Amendments. * * * * * (ii) Between the City limits and the Plan Boundary: Any of the three governing bodies and citizens. (2) When Plan Amendments Can be Initiated. Amendments to the Metro Plan shall be initiated and considered at the following times: * * * * * (b) Citizen initiated Type II Metro Plan amendments may be applied for at any time. The initial public hearing on an application shall take place within 60 days of acceptance of a complete application. The subject property is within the Metro Plan boundary and outside of the Eugene Urban Growth Boundary. The application requests an amendment to the Metro Plan diagram which is a Type II Metro Plan amendment. The application constitutes a citizen-initiated Type II Metro Plan amendment which can be initiated at any time by citizens and can be considered at any time by the City of Eugene and Lane County. Page 4 – FINDINGS OF FACT