Item C: Delta Sand and Gravel Metro Plan Amendment

Home Browse Search

ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Delta Sand and Gravel Metro Plan Amendment Meeting Date: April 18, 2007 Agenda Item Number: C Department: Planning and Development Staff Contact: Kurt Yeiter www.eugene-or.gov Contact Telephone Number: 682-8379 ISSUE STATEMENT Delta Sand and Gravel made application to the County requesting amendments to the Metro Plan, a change in zoning, and two variances to allow an expansion of their aggregate resource extraction business (quarry) onto a property located immediately outside the Eugene Urban Growth Boundary (UGB) but inside the Metro Plan boundary, along East Santa Clara waterway north of Hunsaker Lane. Because this is a Type II Metro Plan Amendment, local land use regulations require approval of both Eugene (the home city) and Lane County. Lane County will act unilaterally on the zone change and variances. After the public hearing closed, the County requested that the City Council finish its deliberations first. At its February 21, 2007, work session, the City Council tentatively decided on a 5-4 vote that the application did not meet the test as a significant resource site. At this meeting, the City Council is asked to review draft findings in support of its tentative vote. If the council concurs with the proposed findings and conclusion, final action will be requested as a consent item on a future agenda. BACKGROUND The applicant, Delta Property Co., requests that the Statewide Planning Goal Inventory for Significant Mineral and Aggregate Sites be amended to allow a 72.31 acre expansion of the existing 474 acre sand and gravel operation. The application is a “Post-Acknowledgement Plan Amendment” (PAPA) as provided for by Statewide Planning Goal 5 Rule for mineral and aggregate resources, Oregon Administrative Rules 660-023-180. The Metro Plan Designation is proposed to be changed from “Agriculture” to “Sand and Gravel.” If the Metro Plan amendments are approved, the County will independently then consider the applicant’s request to change the site’s zoning from “E30/Exclusive Farm Use (LC 16.212)” to “SG/Sand, Gravel & Rock Products (LC 16.217).” The proposal requests a variance to Lane Code 16.217(4)(b)(v)(dd) to excavate within the 150’ setback along East Santa Clara waterway in order to complete a low permeability barrier to reduce groundwater flow into the excavated area. The variance, in addition to the zone change request, is a County-only decision. To become final, the decisions of both the City of Eugene and Lane County must be identical; that is, the decision to approve or deny must be the same by both bodies. If the decisions are not the same, the Metro Plan amendment will be referred to the Metropolitan Policy Committee (MPC) for dispute resolution. Pursuant to staff recommendation, the City Council was using nonbinding straw votes in its deliberations until the Lane County Board of County Commissioners had also deliberated. L:\CMO\2007 Council Agendas\M070418\S070418C.doc