Mr. Erik Berg-Johansen <br />August 14, 2015 <br />Page 2 <br />It is somewhat ironic that Sheet SA-7.0 (p.150 of Application Materials (PDT) 7-1-13 (01) - on the <br />City's website) of the former application shows exactly this overlay, resulting in an area of POS <br />designation of approximately 40 acres (see reproduction on next page). <br />Current Application <br />Rather than re-submit contemporaneous applications for zone change and Tentative PUD, the <br />latter of which requires knowledge of the extent of the POS on the parcel, applicant has now <br />decided to first apply for the zone change to resolve the POS issue. <br />Ostensibly because the adopted version of the Metro Plan Diagram specifically states: <br />VALID AT 11x17 SCALE ONLY <br />rather than using the enlargement of the Metro Plan Diagram with the overlaid tax lot map which <br />LCOG had previously supplied, the applicant chose to "do the best they can with the tools at their <br />disposal" as LUBA had described the alternative process. <br />However, as close examination of the applicant's new method shows, their refusal to use the <br />process prescribed by LUBA, which they had employed during the previous application process to <br />produce sheet SA-7.0, is simply because they do not like the results. Using the method preferred <br />by LUBA indicates that approximately 40 acres are designated POS on the Laurel Ridge parcels. <br />The applicant's involved method, described in the following paragraphs, results in approximately <br />20 acres. <br />This essentially 50% reduction in area of POS is possible only because the applicant employs <br />sleight of hand_ <br />The Applicant's Method <br />The Applicant's methodology for overlaying the Metro Plan Diagram onto the subject property is <br />described in their Exhibit F on pages 81 and 82 of their application as shown in the City's online <br />record (Z-15-005 Application Materials 5-29-2015). <br />Of importance to the applicant's manipulation of the process is that they imply that their options of <br />items to use to register the Metro Plan Diagram to the parcels on the tax lot maps are limited to 3: <br />The 30th-Avenue R-o-W centerline, the UGB, and the north arrow. They further limit these three <br />items by indicating that the UGB was changed to a metes and bounds line after the Metro Plan <br />was adopted by the City in 2004, at which time changes from the Metro Plan Diagram likely <br />occurred. Therefore, the applicant professes to have only two referents with which to achieve <br />registration of the overlay: 30th Avenue and the north arrow. <br />