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

Home Browse Search

LC 12.225 Metro Plan Approval of a Plan Amendment. [Eugene Code 9.7715] (b) Type II. (ii) Between the City Limits and Plan Boundary. To become effective, a Metro Plan Type II amendment between the city limits and the Plan Boundary must be approved by the Home City and Lane County. Exception: If the non-home City, after referral of the proposal, determines that the amendment has Regional Impact, and, as a result of that determination, chooses to participate in the hearing, all three governing bodies must approve the amendment. See Attachment 4 for the Public Notice & Referral sent to City of Springfield in November 2005 and their response, which was considered by Springfield City Council for determination of any regional impact on November 4, 2005. Springfield chose not to participate in the hearings at this time, leaving Eugene and Lane County to conduct the two jurisdiction approval process. Metro Plan Amendment Criteria LC 12.225 (2) Criteria for Approval of Plan Amendment. [Eugene Code 9.7730(3)] The following criteria shall be applied by the Board of Commissioners in approving or denying a plan amendment application: (a) The amendment must be consistent with the relevant Statewide Planning Goals adopted by the Land Conservation and Development Commission; and (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Review for conformance with the Statewide Planning Goals and the Oregon Administrative Rules occurs later in this report. Lane County and the City of Eugene are required to comply with the Oregon Administrative Rules (OAR’s) that implement the Statewide Planning Goals. Metro Plan Policy is implemented by identifying significant aggregate Goal 5 sites as Sand & Gravel Resources by Plan Designation and the appropriate zoning pursuant to the Goal 5 Rule. OAR 660-023-180(2): “Local governments are not required to amend acknowledged inventories or plans with regard to mineral and aggregate resources except in response to an application for a PAPA, or at periodic review as specified in Section (9) of this rule. This proposal is a request for a Post Acknowledgement Plan Amendment (PAPA) to add this site to the significant Mineral & Aggregate Resource Inventory. The property owner submitted the application as a PAPA in August 2005. D. Analysis Lane County is required to amend the acknowledged mineral and aggregate inventory in response to this application for a Post Acknowledgement Plan Amendment (PAPA). The Rule evaluation criteria for a PAPA are separated into seven analytical steps for this project: Step 1. Determine if the PAPA information is adequate. Step 2. Determine if the resource site is significant. Step 3. Determine if conflicts from mining can be minimized. Step 4. Weigh the ESEE consequences of un-minimized conflicts and determine whether to allow mining. Step 5. Determine the ESEE consequences of potential new conflicting uses within the impact area. Step 6. Determine if the rezoning requirements of LC16.252 are met, and if the variance setback request should be granted under LC 16.271(7). Only the Board will consider and make the Board/Council Hearing – Ordinance No. PA 1238 Delta Sand & Gravel Expansion Agenda Cover Memo Page 5 of 23