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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 />(a) The amendment must be consistent with the relevant <br />Statewide Planning Goals adopted by the Land Conservation and <br />Development Commission; and <br /> <br />(b) Adoption of the amendment must not make the Metro Plan <br />internally inconsistent. <br /> <br />Statewide Planning Goal] <br />To ensure the opportunity for citizen involvement in all <br />phases of the planning process. <br /> <br />Chapter 9 of the Eugene Code provides for a notification ,and participation process for all quasi- <br />judicial land use matters. Notice was provided in conformance to these requirements. By <br />providing the notices required by state law and the Eugene Code and public evidentiary hearings <br />before its planning commission and City Council, the City of Eugene satisfies the requirements <br />of Goal 1. <br /> <br />Some participants raised concerns about the procedures used to consider the application. The <br />applicant's request is composed of numerous applications. Those applications, taken alone, <br />would be subject to different review procedures under the City and County Codes. Under one <br />applicable process, the City Council and Board of Commissioners would not have accepted new <br />evidence for their review (instead, they would base their decision on the evidence gathered in the <br />Planning Commissions' process). However, another applicable process required them to accept <br />new evidence. To allow for a consolidated review while ensuring that no participant's <br />substantial right is prejudiced, the City and County opted to accept new evidence. The criteria <br />applicable to the applications are very similar, making it nearly impossible to judiciously oversee <br />a process that allowed new evidence only with respect to one of the applications, but not the <br />others. By providing for all of the procedural safeguards for a quasi-judicial evidentiary hearing, <br />the City and County ensured that Goal 1 was satisfied. <br /> <br />Statewide Planning Goal 2 <br />To establish a land use planning process and policy framework <br />as a basis for all decisions and actions related to the use of land <br />and to assure an adequate factual base for such decisions and <br />actions. <br /> <br />The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that <br />provides a basis for decision-making in this area. The Metro Plan was acknowledged by the <br />State in 1982 to be in compliance with statewide planning goals. These findings and record <br />show that there is an adequate factual base for City's decision concerning the proposed <br />amendments. Goal 2 requires that plans be coordinated with the plans of affected governmental <br />units and that opportunities be provided for review and comment by affected governmental units. <br />To comply with the Goal 2 coordination requirement, the City coordinated the review of these <br />amendments with all affected governmental units. Specifically, notice was mailed to Lane <br />County Transportation Planning, Lane County Flood Management, Lane County Water <br />Quantity/Quality, Santa Clara (neighborhood) Community Organization, Oregon State Parks & <br />Recreation Department, 1000 Friends of Oregon, Oregon State Fish and Wildlife Department, <br />Oregon Department of Transportation/Planning, Division of State Lands/Wetlands, Oregon <br />Department of land Conservation and Development, Lane regional Air Pollution Authority, <br />Eugene (School) District 4J, Lane County Wetlands, Lane County Surveyors, Lane County Farm <br /> <br />Exhibit A to Ordinance 20413 - 2 <br />
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