Anne Davies <br />February 4, 2014 <br />Page 7 <br />As noted above, the area of this proposal includes only exception areas, nonresource land, and <br />non-high value resource land that is completely surrounded by the UGB and by nonresource <br />land. It is, in short, an area that has the highest statutory priority. The subject property must be <br />in the first priority category when the city expands the UGB. <br />As the Court of Appeals made clear, if there is a UGB expansion, and this property is not <br />included in the UGB expansion, in favor of lower priority resource land, the City will have to <br />explain not only why this area is not included, but also explain how each of the other sites is <br />sufficiently better than the subject property so as to warrant the inclusion of lower priority lands <br />over the subject property. <br />Conclusion: <br />Admittedly, there may be other lands adjacent to the existing UGB that also qualify as a top <br />priority for inclusion, based on their being committed lands or nonresource lands. Our <br />suggestion here is that the subject property must also be in that first category of land that is <br />evaluated. We also recognize that a relatively small part of the total acreage may be actually <br />suitable and countable as development property, as most of the area is frilly encumbered as open <br />water, floodway area, wetlands (including Goal 5 inventoried lands), Greenway setback area, and <br />the like. There is, however, a substantial amount of dry upland, reclaimed mining area, located <br />adjacent to the west of the county Industrial land on N. Delta Hwy. The upland area is <br />potentially suitable for development and can be counted against the need for Goal 9 or Goal 10 <br />land. <br />I look forward to continuing our discussion about this property. <br />Sincerely, <br />Fe& <br />Bill Kloos <br />Cc: Mike Alltucker, Eugene Sand and Gravel Limited Partnership <br />Randy Hledik, Wildish Land Company <br />Debbie Jeffries, River Ridge Golf Complex <br />Andy Clary, Lane County Office of Legal Counsel <br />Marsha Miller, Lane County Public Works Director <br />Alissa Hansen, Eugene Planning and Development <br />