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TV Butte 2nd county planning commission hearing date announced

 NOTICE OF LANE COUNTY PLANNING COMMISSION PUBLIC HEARING & OPPORTUNITY FOR COMMENT 

CONCERNING A PROPOSED LAND USE CHANGE 

 

The Lane County Planning Commission will conduct a Public Hearing on Tuesday, June 18, 2024 concerning Department Application File Nos. 509-PA23-05452 and 509-PA23-05454.  The public hearing will begin at 6:00 PM.

The Planning Commission public hearing will be held in a hybrid format, with in-person and remote call-in options (see below for call in information). The in-person hearing will be held at the Lane County Goodson Room (Willamette Building), 3040 North Delta Highway, Eugene, Oregon 97408.

Notice to mortgagee, lien holder, vendor or seller: ORS Chapter 215 requires that if you receive this notice, it must be promptly forwarded to the purchaser.

HEARING MATTER:
Department File No.: 509-PA23-05452 and 509-PA23-05454
Owner/Applicant: Old Hazeldell Quarry, LLC
Agent: Steven Pfeiffer, Perkins Coie LLP
Kuper Consulting, LLC
Map and Tax Lot: 21-35-15-00-01900
21-35-22-00-00100
21-35-22-00-00502
Location: North of Dunning Road, East of Fish Hatchery Road, Oakridge

PROPOSAL:   A request for a Major Plan Amendment to amend the Lane County Rural Comprehensive Plan (RCP) to: (1) add a new quarry site to the Lane County Inventory of Significant Mineral and Aggregate Sites, and to authorize mining and processing pursuant to Oregon Administrative Rules (OAR) 660-023-180; (2) a request to amend the RCP to redesignate land from Forest (F) to Natural Resource: Mineral (NR:M) and rezone that land from Non-Impacted Forest Land (F-1) Zone and Impacted Forest Land (F-2)  Zone to Quarry and Mine Operations (QM) Zone; (3) and a request for a Site Review for the review of the proposed mining operations pursuant to Lane Code 16.257(4)(a)-(j) (Planning File Nos. 509-PA23-05452 & 509-PA23-05454; Assessors Map and Tax Lots, 21-35-15-00-01900, 21-35-22-00-00100, & 21-35-22-00-00502; Owner: Old Hazeldell Quarry, LLC; Applicant’s Agents: Bill Kloos, Law Office of Bill Kloos; Steven Pfeiffer, Perkins Coie LLP; and Kuper Consulting LLC).

If approved, the requested plan amendment and zone change could allow an approximately 107-acre site, known as TV Butte, to be used for a rock and aggregate mining and processing operation.

APPROVAL CRITERIA: The Goal 5 Mineral & Aggregate administrative rule (OAR 660-023-180) establishes the criteria by which the County must determine if the requested site meets the Mineral & Aggregate approval criteria. Other criteria for the Major Amendment local review process are found in Lane Code 16.400(6)(h) Method of Adoption and Amendment, Lane Code 16.252(2) Procedures for Zoning, Rezoning, and Amendments to Requirements, and Lane Code 12.100.050 Method of Adoption and Amendment. Additional review standards or criteria for this application include compliance with the Oregon Statewide Planning Goals, applicable transportation regulations, and applicable Lane County Rural Comprehensive Plan policies. Uses authorized by the decision are those permitted in the proposed zoning district as provided by Lane Code 16.216, Quarry and Mine Operations (QM) Zone.

 HOW TO PARTICIPATE OR SUBMIT COMMENTS: Written comments should be directed to the staff contact listed below prior to the hearing or submitted at the public hearing on April 16, 2024. Written comments will be accepted until the close of the public hearing, unless the record is held open by the Planning Commission. Oral statements and testimony must be given at the public hearing either in person or via calling in. For questions or additional information, please call or email the staff contact below.

Failure of an issue to be raised in a hearing in person or by writing, or failure to provide sufficient specificity to afford the Approval Authority who conducts the hearing an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue.

STAFF CONTACT: Taylor Carsley, Senior Planner

Lane County Land Management Division

3050 North Delta Highway, Eugene, OR 97408

541-682-6765, [email protected]

REMOTE HEARING/CALL-IN INFORMATION:

Meeting Call-In: Zoom Webinar  URL: https://us06web.zoom.us/j/86331635612?pwd=X1CniZun7EQIwq59O16kinlAbeT3bw.pH7_Q74j6ATBf457 Passcode: 024140 Mobile:

+1 206379723,,83226395564# US (Seattle)     +1 2532158782,,83226395564# US (Tacoma) Telephone:

Dial (for higher quality, dial a number based on your current location):

+1 206 337 9723 US (Seattle)

+1 253 215 8782 US (Tacoma)

Webinar ID: 863 3163 5612

International numbers available: https://us06web.zoom.us/u/kIVLypmge

HEARING PROCEDURE: The Planning Commission will conduct the hearing in accordance with the public hearing process set forth in LC 14.070 for Type IV quasi-judicial applications. The order of procedure for the conduct of the hearing will generally be as follows:

  1. Announcement of the nature and purpose of the hearing
  2. Announcement of opportunities for submission of information and appeal.
  3. Disclosure of ex parte contacts
  4. Abstentions
  5. Report by the Director
  6. Applicant’s testimony
  7. Testimony of persons in favor
  8. Testimony of other persons
  9. Any additional comments by the Director
  10. Applicant rebuttal
  11. Conclude the hearing

The application, all documents and evidence relied upon by the applicant, and the applicable criteria are available for inspection at no cost at the Land Management Division Customer Service Center, and copies will be provided at a reasonable cost. Copies of the applicable criteria/law are available at the following websites:

 Lane Code:  http://www.co.lane.or.us/LaneCode/default.htm Rural Comprehensive Plan Policies:  https://lanecounty.org/common/pages/DisplayFile.aspx?itemId=6477350  Oregon Administrative Rules:  http://arcweb.sos.state.or.us/banners/rules.htm Oregon Revised Statues:   http://www.leg.state.or.us/ors/ * Internet accuracy is subject to the limitations stated therein.

The staff report will be available to inspect at no cost at least 7 days prior to the hearing and will be available online at:

 

https://www.lanecounty.org/government/county_departments/public_works/land_management_division/la ne_county_planning_commission.

Copies will be provided upon request at a reasonable cost.

The in-person hearing location is wheel chair accessible. Persons needing special accommodation (e.g. in-person accommodation, hearing impaired, language translation, chemical sensitivity needs, and large print copies of the agenda or other application materials) are instructed to submit their request at least 48 business hours prior to the meeting by calling David Ruiz-Maya at 541-682-6768.

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