Item A: Public Hearing onMetro Plan Amendment (Delta Sand and Gravel)

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Subject: YEITER Kurt M [Kurt.M.YEITER@cLeugene.or.us] Tuesday, October 31, 2006 11 :31 AM BETTMAN Bonny S TAYLOR Dennis M; MUIR Susan L; GARDNER Lisa A; MILLER Dawna A; ROSE Lynda L; SCHULZ Stephanie E RE: confusing legalities re this Weds Delta Sand hearing PAZC 05 -- 0l::.5 l_ ORD ~A) ~~~ l t;>...~/ ~ Qk-, exhibit No. 'd) ~ n~tA SCHULZ Stephanie E From: Sent: To: Cc: Good questions, as we don't get these type of applications very often. The proposed Metro Plan amendments will add the site to the Goal 5 inventory (there are special Goal 5 rules for aggregate resources -- they are treated as if they are a very rare natural resource or habitat) and to change the land use designation from Agriculture to Sand and Gravel. The proposal will not change the UGB, nor will it bring the site into the urban transition area. It would remain outside the UGB, the same as the existing gravel extraction businesses near Eugene. Approval of the Metro Plan amendments requires Eugene's approval because the site is located inside the Metro Plan boundary -- in that rural area generally considered to influence and be influenced by the urban area. If the Metro Plan amendments are approved, then a zone change will be considered. The zone change is the sole purview of Lane County, because the site is located outside the UGB and the urban transition area. The County also has sole authority over a requested variance related to a setback along East Santa Clara Waterway. The request would allow the extraction operators to trench within the lSO-foot waterway setback to install an aquiclude (a subterranean clay barrier to redirect the migration of groundwater) and then cover the trench. I hope this helps. The project introduction will go over this again, as will the applicant's testimony, I'm sure, based on the PC hearing. There will also be time to go over the state's rules related to gravel extraction after the hearing and before the elected bodies begin deliberations. Kurt Yeiter principal Planner 682-8379 -----Original Message----- From: BETTMAN Bonny S Sent: Tuesday, October 31, 2006 11:06 AM To: YEITER Kurt M Subject: RE: confusing legalities re this Weds Delta Sand hearing Kurt, I am just starting to look at this packet. will the Metro Plan amendment bring the subject property into the UGB? If that is the case wouldn't the property be subject to urban transition area protocol? Doesn't the city process zone changes in the urban transition area? I am sure I will figure this out after getting through more of the material, but didn't want to wait. Thanks, Bonny -----Original Message----- From: YEITER Kurt M [mailto:Kurt.M.YEITER@ci.eugene.or.us] Sent: Monday, October 30, 2006 9:47 AM To: KELLY David S Cc: KLEIN Glenn (Harrang); MUIR Susan L; TAYLOR Dennis M; *Eugene Mayor and City Council; JONES Angel L; GARDNER Lisa Ai JEROME Emily (Harrang); SCHULZ Stephanie E Subject: RE: confusing legalities re this Weds Delta Sand hearing Part of the confusion is mine, and incorrect use of "de novo." City and County Metro Plan amendment code says that a Metro Plan hearing will be based on the record formed at the Planning Commission. Mr. 1