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

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Chapter Nine of the Eugene Code provides for a notification and participation process for all quasi-judicial land use matters. Notices of public evidentiary hearings are required to be published in a local newspaper of general circulation in conformance with ORS 197.763. By providing the notices required by state law and the Eugene Code and the public evidentiary hearings before its planning commission and board of commissioners, the City of Eugene satisfies the requirements and intent of Goal 1. Goal 2 - Land Use Planning To establish a land use planning process and policy framework as a basis for all decisions and actions related to the use of land and to assure an adequate factual base for such decisions and actions. Goal 2 establishes a land use planning process and policy framework as a basis for all land use decisions, and requires development of an adequate factual base to support those decisions. A minor change is one that does not have significant effects beyond the immediate area of change, and is based on special studies or information. The justification for the specific change must be established by substantial evidence in support of the conclusion that the applicable criteria have been met. Lane County has adopted a Metro Plan amendment process with specific standards that must be addressed to process and justify a change of the Metro Plan diagram or inventory. Substantial compliance with the applicable plan amendment criteria in Lane Code Chapter 12 (consistency with relevant statewide planning goals) constitutes compliance with applicable provisions. This application is supported by substantial evidence upon which the Lane County Board of Commissioners may conclude that the applicable criteria have been met. The City of Eugene has adopted a Metro Plan amendment process with specific standards that must be addressed to process and justify a change of the Metro Plan diagram or inventory. Substantial compliance with the plan amendment criteria in Eugene Code Chapter 9 (consistency with relevant statewide planning goals) constitutes compliance with the applicable provisions. This application is supported by substantial evidence upon which the Eugene City Council may conclude that the applicable criteria have been met. Goal 3 - Agricultural Land To preserve and maintain agricultural lands. Goal 3 provides for the protection of agricultural lands as those are defined under the goal. In western Oregon, agricultural land consists of primarily Class I through IV soils identified by the U.S. Department of Agriculture Natural Resources Conservation Service and includes other lands found suitable for farm use considering soil fertility, climatic conditions, availability of water and methodologies available for farm practices. Soils on the subject property have been identified as containing 75 percent Class II soils. The subject property contains no Class I soils. We find that the subject property also contains mineral resources of the quantity and quality that, pursuant to Goal 5 and the Oregon Administrative Rules implementing Goal 5, establish the subject property as a significant resource site for aggregate purposes. The administrative rules recognize that aggregate resources may be mined in areas of agricultural soils. OAR 660-023-0180(3)(d) allows the disturbance of significant resource sites in Lane County containing greater than 35 percent Class I or Class II soils and an average aggregate Page 22 – FINDINGS OF FACT