TV Butte hearing by Lane County Commissioners to be held on October 15

 

 

NOTICE OF LANE COUNTY BOARD OF COUNTY COMMISSIONERS

PUBLIC HEARING & OPPORTUNITY FOR COMMENT 

CONCERNING A PROPOSED LAND USE CHANGE 

 

The Lane County Board of County  Commissioners will conduct a Public Hearing on Tuesday, October 15, 2024 concerning Department Application File Nos. 509-PA23-05452 and 509-PA23-05454.  The public hearing will begin at 1:30 PM.

 

The Board of County Commissioners 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 in Harris Hall of the Lane County Public Service Building, located at 125 E 8^th Ave., Eugene, Oregon 97408.

HEARING MATTER:
Department File No.:	509-PA23-05452 and 509-PA23-05454
Owner/Applicant:	Old Hazeldell Quarry, LLC
Agents:	Steven Pfeiffer, Perkins Coie LLP; Bill Kloos, Law Office of Bill Kloos PC
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, & 21-35-2200-00502; Owner: Old Hazeldell Quarry, LLC; Applicant’s Agents: Steven Pfeiffer, Perkins Coie LLP; Bill Kloos, Law Office of Bill Kloos, PC; 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.

 

Neighboring Land Owners: You are receiving this information because you own or occupy property near the above referenced property shown on the attached map. Lane County land use regulations require you receive this notice to have a chance to comment on, or participate in the hearing for the land use changes being proposed in your area.  You may want to share this information with others in your neighborhood. Lane County only notifies property owners or occupants near the property for which a land use change is proposed, so your neighbors may not be aware of the proposal.   

 

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. Written comments will be accepted until the close of the public hearing. Oral testimony must be provided at the public hearing, either in person or virtually. Please visit: https://www.lanecounty.org/boardagendas for more information on how to participate in the public hearing. 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]

 

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. Opening of the hearing
2. Announcement of the nature and purpose of the hearing
3. Announcement of opportunities for submission of information and appeal.
4. Disclosure of ex parte contacts
5. Abstentions
6. Report by the Director
7. Applicant’s testimony
8. Testimony of persons in favor
9. Testimony of other persons
10. Any additional comments by the Director
11. Applicant rebuttal
12. 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.

 

A copy of the staff report for the Board of Commissioners hearing will be available for inspection at no cost at least one week prior to the public hearing. Please visit:  https://www.lanecounty.org/boardagendas to digitally access materials. Mailed copies of these materials will be provided at a reasonable cost upon request. Please allow one week for copying and mailing.

 

The in-person hearing location is wheelchair 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.

Anyone wishing to submit testimony/comments may use this form: Quarry form.docx

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.