P®F Page 43 <br />1. Parcels shown on the Metro Plan Diagram with a clearly identified Plan <br />designation, i.e., parcels that do not border more than one Plan <br />designation; <br />2. Lands outside the UGB within the Metro Plan boundary; <br />3. Parcels with parcel-specific designations adopted through the citizen- <br />initiated Plan amendment process; <br />4. Parcels shown on a parcel-specific refinement plan map that has been <br />adopted as an amendment to the Metro Plan Diagram." ' <br />In Benson the conclusion was that the Metro Plan Diagram was parcel specific for the subject <br />property. See Benson at page 10 para 4. Here the applicant and the staff agree that the Metro <br />Plan Diagram is not parcel specific under any of the four rules above. <br />Agreement between the city and the applicant, or even among all the parties, is not enough to <br />resolve the plan designation question. The plan designation of any piece of land is a question of <br />law, not something to be reached by-consensus or determined as a matter of policy. Knutson, <br />200 Or App 292, 300 nS. Therefore, a fuller explanation is necessary under the established <br />rules for interpreting the Metro Plan. <br />The following facts are relevant and material to determining the Metro Plan designation: <br />All-three Metro Plan Diagrams (1980, 1987, and 2004) added to the record by the <br />applicant at the hearing show the vicinity of the subject property highlighted. <br />Comparing the three diagrams shows: <br />Each of the three adopted Diagrams shows the UGB at the location of the <br />subject property at a slightly different location. <br />Each of the three adopted Diagrams shows a little bit of the Parks and Open <br />Space designation-on the city side of the UGB line. The amount of Parks and <br />Open Space crossing the line to the city side of the UGB and the location along <br />the UGB line changes from diagram to diagram. <br />The location of the UGB line in this area is not accurately shown on any of the three <br />Diagrams. The Metro Plan text explains that the exact location of the UGB here is not <br />determined until annexation. <br />"The UGB is tax lot-specific where it is coterminous with city limits, where <br />it has been determined-through the annexation process, and where it <br />falls on the outside edge of existing or planned rights-of-way. In other <br />places, the UGB is determined on a case-by-case basis through <br />interpretation of the Metro Plan Plan Boundaries Map in this Metro Plan <br />and the following factors (see Metro Plan Plan Boundaries Map Key)." <br />Metro Plan at II-G-14. <br />LaurelRidge Applicant Final Argument - Page 9 <br />92 <br />Laurel Ridge Record (Z 15-5) Page 847 <br />