Page 2, LHVC Response re Z15-5, September 9, 2015 <br />Identical Northern Rotation <br />The applicant repeatedly claimed, both in written and oral testimony, that they had rotated their map layers to <br />the same interpretation of north before they were combined. They now admit this was false. But rather than <br />correct their mistake, they are suggesting that perhaps the 2° rotation of the 2004 Metro Plan Diagram might <br />be a 'scriveners error'. Even the untrained eye looking at an 11 x 17 version of the 2004 Metro Plan Diagram <br />can see that the north/south roads are rotated clockwise to the same degree that the compass arrow is <br />rotated. There is no error of any kind, LCOG is simply following ORS 93.312 (in evidence) which says that the <br />Oregon State Plane Coordinate System must be used for land use maps. While the applicant's Exhibit L: ZC-4: <br />Adopted 2004 Metro Plan Map Rotated removes one of the distortions of their previous version of ZC-4, it was <br />not the largest distortion demonstrated by LHVC in public testimony on August 26, 2015. <br />Lack of Sufficient Referents <br />The larger of the two distortions contained in the version of ZC-4 that was considered at the public hearing is <br />the misalignment along the single referent 30th Avenue. <br />The LUBA decision (2013-098, in evidence) on the previous zone change request for this property states that <br />the LUBA panel used multiple referents to reach their determination that a portion of the subject property was <br />designated as POS: <br />Admittedly, the Metro Plan Diagram and the annexation map are at different scales, but the common <br />referents provided by the East 30th Avenue right-of-way, the curve and the two intersections are <br />sufficient to determine, even without any reference to the UGB line, that at least some portion of the <br />southwest corner of the subject property is within the POS designation. (LUBA 2013-098, p. 16) <br />In addition to these four referents mentioned by LUBA, the 2004 Metro Plan Diagram also depicts Bloomberg <br />Park, which is in close proximity to the subject property. All of these referents have survey information which <br />is readily available, and could have been used by the applicant to correctly locate their property along 30th <br />Avenue. Instead the applicant uses a single referent, which allows them to slide the map of their tax lot along <br />30th Avenue to the position that is most advantageous to them. At the public hearing, LHVC pointed out that <br />this slide toward the northwest had the result of putting the Eugene city limits at a position that is clearly not <br />correct. The applicant has responded to the demonstration of this obvious distortion by removing the city <br />limits from their most recent version of ZC-4, hoping that their sleight of hand would go unnoticed. (Also see <br />testimony from Gunnar Schlieder regarding remaining evidence of improper alignment along 30th Avenue.) <br />Using the Best Tools and Information <br />Laurel Hill Valley Citizens has presented various maps that show the correct location of the subject property on <br />the Metro Plan Diagram. We have a exhaustively explained the methodology used, and why these maps are <br />correct (see testimony from Gunnar Schlieder). We have approached the challenge of locating the subject <br />property on the Metro Plan Diagram in several different ways. Each method reached a virtually identical <br />configuration for the POS portion of the subject property. We present these maps not as alternatives for the <br />Hearings Official to adopt, but simply as another demonstration that the applicant got it wrong. The most <br />LaurelHillValleyCitizens@gmail.com 2480 Laurel Hill Drive 9 Eugene, OR 97403 . www.lhvc.org <br />