Mr. Fred Wilson <br />September 9, 2015 <br />Page 4 <br />Conclusions <br />In conclusion, the applicant's land use consultant has mistaken the LUBA decision in Z- <br />12-0002 to mean that they are limited to using: <br />► A very bad scan of the 2004 Metro Plan Diagram. <br />► One referent only (30th Avenue Centerline). <br />The LUBA decision provides absolutely no basis for this opinion. "The tools at their <br />disposal" in the LUBA opinion sets no limits on which tools can be utilized. As LUBA <br />pointed out, the Metro Plan Diagram is digitized (yes, even the 2004 version) and, <br />therefore, the digital version could well be considered a "tool". It provides significantly <br />crisper boundaries between land use designations. <br />The tools at our disposal, even if we use only the snippet of the Metro Plan Diagram <br />that the applicant is artificially limiting themselves to, consist of 30th Avenue, its curve, <br />Spring Boulevard, Bloomberg Park, and the City Limits. This represents a sufficient <br />number of referents to accurately constrain the location of the north boundary of the <br />POS designation on the parcel. <br />Rather than artificially limiting the number of referents, LHVC first asked LCOG to <br />provide a map depicting how their GIS system overlays the tax lots onto the Metro Plan <br />diagram. This was submitted August 14th as part of our first document. <br />Then LHVC developed overlays of the subject lot onto the Metro Plan diagram using: <br />1. The applicant's own survey (ZC-2) and Metro Plan Diagram (ZC-3). The two <br />maps were aligned using 30th Avenue, it's curve, and the position of the City <br />Limits relative to Spring Boulevard. <br />2. The applicant's own survey (ZC-2) and a high-resolution scan of the 2004 Metro <br />Plan Diagram provided by City of Eugene Planning staff. The two maps were <br />aligned using the same referents as under 1., above. <br />3. The applicant's Metro Plan Diagram (ZC-3) and Lane County Assessor's tax lot <br />maps. In this case, the alignment was performed using 30th Avenue, Spring <br />Boulevard, and Bloomberg Park (TL 800) <br />Although the registration was achieved using different combinations of referents, all four <br />maps (LCOG's and the versions prepared by LHVC) are, for all practical purposes, <br />identical. All referents fit on all maps. All maps are significantly crisper than those <br />provided in the applicant's 9/2/15 submittal, including the scanned Metro Plan Diagram. <br />