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LaurelRidge Page 8 of 11 Zone Change Application – Written Statement May 15, 2015 this case are the relationship between the Metro Plan and the WAP and the methodology for determining the plan designation of the subject property. Contrary to petitioners' assertions, those are not questions of fact but are legal issues that are governed by the plans themselves.”) If the City ultimately concludes that the correct location of the boundary line is in a different location, the city will need to document how it reached that conclusion and articulate their methodology. The applicant requests R-1 zoning for all land that the City determines is LDR and PRO zoning for the remainder. METRO PLAN TEXT Residential Land Use and Housing Element Looking to the Metro Plan policies, the following policy appears relevant, as reflected in the recent Lathen Trust rezoning decision (Z 14-4, ST 14-6, ARA 14-15)(Nov. 26, 2014). Metro Plan A.2. Residentially designated land within the UGB should be zoned consistent with the Metro Plan and applicable plans and policies; however, existing agricultural zoning may be continued within the area between the city limits and the UGB until rezoned for urban uses. Finding: Although this policy is not a mandatory approval criterion for the zone change, because it is qualified by “should,” the requested zone change fulfills this policy. Based on the findings above, the proposed zone change is consistent with applicable provisions of the Metro Plan. Criterion (EC 9.8865(1)) is met. (2) The proposed zone change is consistent with applicable adopted refinement plans. In the event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. Finding: The proposal’s applicable adopted refinement plan includes The Laurel Hill Plan (1974 amended 1982). The property is also subject to the South Hills Study (1972), which covers a larger area with plan text but no plan diagram. These are addressed below. LAUREL HILL PLAN DIAGRAM The Laurel Hill Plan Diagram is not a standard for determining consistency for this rezoning because the city found that the refinement plan Diagram conflicts with the Metro Plan Diagram. See Planning Commission decision at Page 3. LUBA affirmed this finding. See LUBA opinion at Page 10. LAUREL HILL PLAN TEXT The text of the refinement plan does not contain any policies that establish substantive standards for zone changes. SOUTH HILLS STUDY TEXT The South Hills Study is a policy plan intended to protect the South Hills as a visual resource. Although the plan was prepared in the early 1970’s, it was subsumed into the initial Metro Plan as a Goal 5 plan intending to designate the South Hills area as a visual resource area, where development would be limited in order to limit conflicting uses. The primary substantive limitation in the plan to limit conflicts with the visual Schirmer Satre Group 375 West 4 th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540