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04 Public Record Pages 613-823
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10/26/2015 4:29:15 PM
Creation date
10/23/2015 1:30:37 PM
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Template:
PDD_Planning_Development
File Type
Z
File Year
15
File Sequence Number
5
Application Name
LAUREL RIDGE
Document Type
Misc.
Document_Date
10/23/2015
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LUBA confirms staff's position, stating in their 2013 decision that the Metro Plan "...includes <br />sufficient referents to allow the city to determine that some portion of the subject property is <br />designated POS" (p. 21). In terms of the specific location of POS designation, LUBA states that <br />"it may be possible to scale up the digital version of the map, overlay it with property lines from <br />a digital database, and determine the precise plan designation boundaries on the subject <br />property with reasonable accuracy" (p. 21). The applicant states that they followed LUBA's <br />direction and used this method to create their proposed zoning configuration. <br />As far as referents, LUBA indicates that the POS designation is intended to protect the South <br />Hills ridgeline, and that the property's southern boundary corresponds to the UGB (which infers <br />that the UGB can in fact be used as a potential map referent). In the Planning Commission's <br />2013 Final Order, they state "...it is clearly evident that there is a POS designation north of the <br />UGB because the UGB and East 30th Avenue are both reference points which can be used to fix <br />its position with respect to other boundaries" (p. 3). This again confirms that the UGB and 30th <br />Avenue can be used as physical referents to help align the Metro Plan diagram with the subject <br />property's tax lot. <br />In the case of the subject property, the applicant has enlarged the Metro Plan Diagram to the <br />same scale as the property boundary survey (1" = 200') and has attempted to "fit" this diagram <br />on a tax lot map. Consistent with the LUBA's findings, the applicant indicates what "referents" <br />were used and how this approach was applied to their eventual proposed zoning configuration. <br />The referents used by the applicant to complete this overlay are further discussed below. <br />Referent #1 - 30th Avenue: The applicant's primary referent is based on a land survey of 30th <br />Avenue. In summary, the surveyed line for 30th Avenue was matched with the 30th Avenue line <br />as portrayed on the Metro Plan diagram (a single black line). In accordance with LUBA findings, <br />staff agrees that 30th Avenue is an appropriate referent to help determine the location of PRO <br />zoning on the subject site. <br />Referent #2 - North Arrow: The applicant states that the "north arrow" was used as a referent, <br />which accordingto the applicant's application simply means that they "Kept north oriented <br />north" (page 2 of Exhibit F, Zone Change Mapping Methodology). Staff does not see the "north <br />arrow" as a useful physical referent, but more of an informational item related to the <br />applicant's methodology. Hence, staff believes only one (1) referent was used to determine the <br />extent of PRO zoning. <br />Referent #3 -The UGB: While 30th Avenue and the "north arrow" were apparently used to <br />extrapolate the extent of PRO zoning, the applicant does not acknowledge the UGB as a <br />potentially useful referent because it is too "generalized." While LUBA agrees that 30th Avenue <br />is a more precise referent (as compared to the UGB), they stated the following in their 2014 <br />decision: <br />"in addition, we disagree with petitioners that the location of the generalized UGB line <br />depicted on the 2004 Metro Plan Diagram is of no assistance in determining whether <br />some portion of the subject property is designated POS. As noted earlier, the shape and <br />Laurel Ridge (Z 15-5) August 2015 HO Agenda - Page 1 <br />Laurel Ridge Record (Z 15-5) <br />Page 764 <br />
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