Ordinance No. 20413 - Laserfiche WebLink

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Exhibit A to Eugene Ordinance No. 20413 FINDINGS OF FACT AND CONCLUSIONS OF LAW GENERAL FINDINGS AND CONCLUSIONS: Delta Sand and Gravel Company is requesting approval of Eugene-Springfield Metropolitan Comprehensive Plan (Metro Plan) amendments to add 72.31 acres of its property to the Goal 5 Significant Aggregate Site Inventory of the Metro Plan and to re-designate that land from Agriculture to Sand and Gravel. In addition to these Metro Plan amendments, Lane County is also considering the applicant's related request to rezone the subject property from Exclusive Farm Use to Sand, Gravel and Rock Products. The subject property contains 72.31 acres and is located adjacent to the existing Delta mining and processing facility. The property is adjacent to, but outside of, the Eugene-Springfield Urban Growth Boundary and is located within the Metro Plan boundary. The proposed plan amendments and rezone will allow Delta Sand and Gravel Company to expand its aggregate mining site onto its adjacent property (the proposed expansion area that is the subject of this request). METRO PLAN AMENDMENT OAR 660-023-0180 is the Oregon Statewide Planning Goal 5 Rule regarding aggregate resources. OAR 660-023-0180(9) provides that if local governments have not amended their comprehensive plans and land use regulations to include procedures and requirements consistent with the Goal 5 Rule for the consideration of post-acknowledgement plan amendments (PAPAs) regarding aggregate resources, the procedures and requirements of the Goal 5 Rule shall be directly applicable to a local government consideration of a PAPA. Therefore, Metro Plan, Lane Code and Eugene Code land use regulations related to PAPAs regarding aggregate resources are not applicable to this application. The Land Use Board of Appeals decision in Morse Bros. v. Columbia County, 37 Or LUBA 85 (1999) supports the conclusion that OAR 660-023-0180(9) preempts the application of local comprehensive plan amendment to such PAPAs until the local comprehensive plan and land use regulations have been amended to comply with the Goal 5 Rule. The Metro Plan has not been amended 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. METRO PLAN AMENDMENT CRITERIA AND FINDINGS The subject property is within the Metro Plan boundary and outside of the Eugene-Springfield 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. Eugene Code 9.7730(3) - Approval Criteria (3) Criteria for Approval of Plan Amendment. The following criteria shall be applied by the city council in approving or denying a Metro Plan amendment application: Exhibit A to Ordinance 20413 - 1