Ordinance No. 20413 - Laserfiche WebLink

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Bureau, and the City of Eugene Planning Division. Therefore, the amendments are consistent with Statewide Planning Goal 2. See, however, the findings under Statewide Planning Goal 3. Statewide Planning Goal 3 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 (Exhibit 1). The applicant claims that the subject property also contains a significant mineral resource site of the quantity and quality that, pursuant to Goal 5 and the Oregon Administrative Rules implementing Goal 5, establish the subject property as for aggregate purposes. The administrative rules recognize that significant aggregate resources may be mined in areas of agricultural soils. The potential of such conflicts has been addressed in the sections pertaining to the Goal 5 rule. The City of Eugene finds that the applicant failed to prove that the mineral resources were significant pursuant to Goal 5 and the Oregon Administrative Rules implementing Goal 5, and denies the application to reclassify the site as a Goal 5 resource. Pursuant to the denial of the application, existing agricultural lands are preserved and maintained consistent with Goal 3. If the applicant had provided a sufficient basis to determine that the mineral resource was significant under Goal 5, the City would have more closely examined the testimony suggesting that the proposal interferes with Agricultural land. It is not clear whether the City would need to approve an exception to Goal 3 in order to change the Metro Plan designation from Agriculture to Sand and Gravel. While sand and gravel operations are a permitted non-farm use on agricultural lands under ORS 215.283, Goal 3 requires that non-farm uses be "minilnized to allow for maximum agricultural productivity." The Metro Plan does so by treating agricultural land and those lands which are designated for sand and gravel operations separately. "Designated agricultural lands" under the Metro Plan "are protected to preserve agricultural resource values." Metro Plan, II - E-l O. Whereas, the "Sand and Gravel" designation is applied to lands to allow "[a]ggregate extraction and processing." Id. While the Metro Plan does provide for some reclamation of this area (consistent with state law), the conversion of an area from "Agricultural" to "Sand and Gravel" completely eliminates its protected status under the Metro Plan. Thus, the proposed removal of the applicant's expansion area from the Metro Plan's Agricultural designation is arguably contrary to the Goal 3 mandate to "preserve and maintain agricultural lands." In light of this, if the Goal 5 standards had been met, the City may have determined that the applicant is required to take a Goal 2 Exception to Goal 3. Statewide Planning Goal 4 To preserve forest lands for forest use. Exhibit A to Ordinance 20413 - 3