Eugene Planning Commission <br />January 4, 2017 <br />Page 4 of 5 <br />"(g) Goal 18 "Beaches and Dunes" <br />Consequently, the only relevant "resource lands" for the City of Eugene are agricultural and <br />forest lands. Lands that fall under the other Statewide Planning Goals, including Goal 5 lands, <br />are "nonresource" land for purposes of the statutory priorities. <br />The plain reading of the administrative rule is consistent with guidance DLCD gave the City in <br />2010 regarding a property plan designated Parks and Open Space (POS). See Attachment A, <br />Exhibit D Email from E. Moore, DLCD. That guidance explained that, under the statutory <br />priority scheme, the City can determine property designated POS as nonresource unless the <br />Metro Plan and the Rural Comprehensive Plan expressly classify POS as a resource designation. <br />The Metro Plan and Rural Comprehensive Plan do not. <br />In November 2015, DLCD reasserted that interpretation in the staff report for the new Goal 14 <br />UGB administrative rules. See Attachment F, DLCD Staff Report, November 23, 2015, p. 15 of <br />56. The staff report explains: <br />"Section (5): "Nonresource land" is an important new term in the "location and <br />priorities" portion of the division (see rules at OAR 660-038-0160 and 0170). The <br />term is not defined in law, but does have a previous definition in LCDC's division <br />4 exceptions rule. Therefore, the department proposes that for purposes of <br />division 38, this term shall have that meaning specified in OAR 660-004- <br />0005(3)." Id. <br />The Planning Commission should be aware that the City Attorney has previously not agreed with <br />the above analysis and has taken the position that only properties with a "nonresource" plan <br />designation qualify as nonresource land. There are three problems with the City Attorney's <br />analysis. First, that interpretation is contrary to the express, plain language of the administrative <br />rule. The resource/nonresource distinction is a function of the goal under which the property's <br />plan designation is based, unless the Metro Plan expressly provides otherwise. Second, the <br />Metro Plan does not expressly provide that a Sand and Gravel plan designation is a resource <br />designation. It is a plan designation that implements Goal 5 and, as the administrative rule <br />provides, is therefore a nonresource designation. And third, DLCD disagrees with the City <br />Attorney's interpretation. Appellate bodies will defer to DLCD's interpretation of its own rules. <br />The Technical and Practical Merits for Inclusion of the ES&G Property <br />As the attached documents demonstrate, the ES&G property consists of over 135 acres of land <br />north of the UGB, south of Ayres Road and a golf course, east of the Willamette River, and west <br />of N. Delta Highway. See Attachment G, Eugene Sand & Gravel 2004, aerial image. <br />The ES&G property is plan designated by the County as Gravel or Industrial. The property <br />consists of approximately 35 acres of open, dry, reclaimed mining area that is appropriate for <br />urban development. The property owner indicates that most, if not all, of the 35 acres lies at or <br />above I' above the base flood elevation, including the existing office building. Furthermore, the <br />