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Ordinance No. 20413
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2008 No. 20401-20425
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Ordinance No. 20413
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Last modified
6/10/2010 3:50:34 PM
Creation date
8/11/2008 3:40:57 PM
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Council Ordinances
CMO_Document_Number
20413
Document_Title
Denying Proposal to Amend the Eugene-Springfield Metro Plan to Revise the Goal 5 Significant Mineral and Aggregate Resources Inventory and Redesignate from "Agriculture" to "Sand & Gravel;" and Providing an Effective Date
Adopted_Date
7/28/2008
Approved Date
7/31/2008
CMO_Effective_Date
8/31/2008
Signer
Kitty Piercy
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<br />in response (traffic totals from 1992, extrapolated for 2005) are insufficient. Exhibit 28. <br />There is no way for the City to determine the frequency of the trips, which roads are <br />being used, the timing in comparison to peak hour traffic on the effected roads, etc. <br />Without such information, the City cannot make any determinations as to road capacity, <br />for example, as required by OAR 660-023-180(5)(b)(B). <br /> <br />The applicant's representatives testified before the Planning Commissions that the <br />economy and demand controlled what could be sold, that production had been increasing <br />by approximately one percent per year, and that traffic on Hunsaker Lane would be the <br />result of the projects that Delta was involved in. Avon Lee Babbs and George Staples, <br />Planning Commission minutes January 17, 2006, pages 6, 7. If levels of use increase in <br />the new excavation area because demand increases, then traffic will increase. This <br />potential increase in traffic was not analyzed by the applicant. <br /> <br />Without more detailed data establishing the site's current traffic impacts or future <br />demand for the excavated product, the assertion that the site will continue to have its <br />current level of impact has little meaning. It provides no way for the City to assess the <br />potential conflicts pursuant to OAR 660-023-180(5)(b )(B). Numerous participants raised <br />concerns about current and continued conflicts with traffic to and from the site. See, e.g. <br />Exhibit 3,7, 14, 16,20,21,22,23,27,275. In light of such testimony, the City finds that <br />the applicant's response to this approval criterion is an insufficient basis on which to <br />determine if the criterion is met. As such, if the site were a significant resource, the <br />application would fail based on this criterion. <br /> <br />(C) Safety conflicts with existing public airports due to bird attractants, i.e., <br />open water impoundments as specified under OAR Chapter 660, Division 013; <br />The Eugene Airport is the only existing public airport in the general metropolitan area and is <br />located several miles from the proposed expansion area and outside the impact area. Due to that <br />distance separating the airport from the proposed expansion area, we find that any bird attraction <br />by open water impoundment on the expansion area will be negligible if at all. Furthermore, this <br />provision is no longer applicable since the December 23, 1996 effective date of adoption of <br />division 13 of OAR Chapter 660, which carries out Chapter 285, Oregon Laws 1985. <br /> <br />(D) Conflicts with other Goal 5 resource sites within the impact area that are <br />shown on an acknowledged list of significant resources and for which the <br />requirements of Goal 5 have been completed at the time the PAPA is initiated; <br />A meandering scar of the Willamette River ("East Santa Clara Waterway") is located on a <br />portion of the northwestern boundary of the expansion area and constitutes a wetland within the <br />impact area. This waterway was added to the City's and County's Goal 5 inventories as a <br />"Category D" stream, which requires a setback of20 feet. No other Goal 5 resources shown on a <br />Metro Plan acknowledged list of significant resources exist within the impact area. Lane County <br />has authorized a variance that would allow "construction" of the aquaclude inside the DEQ 150- <br />foot mandatory setback, which would move the area of disturbance nearer this Goal 5 resource. . <br />The variance is to the DEQ setback, not the locally-adopted Goal 5 setback, and would not allow <br />any construction activities within the Goal 5 setback. The locally adopted Goal 5 setback along <br />East Santa Clara Waterway of 20 feet would still be met. <br /> <br />The opponents argue that the existence and operation of the aquaclude (see discussion below <br />regarding the aquaclude) will negatively impact the water levels and, consequently, the functions <br /> <br />Exhibit A to Ordinance 20413 - 16 <br />
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