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06 Public Record Pages 1021-1272
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10/26/2015 4:44:44 PM
Creation date
10/23/2015 2:14:53 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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Yes
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I which part of the subject property is designated LDR and which is designated <br />2 POS, and therefore exactly where the zoning boundary should be located. <br />3 We agree with petitioners that determining the plan designation of <br />4 property using the 2004 Metro Plan Diagram, in situations where the applicable <br />5 refinement plan, if any, is not a property specific reap, presents a practical <br />6 problem, given the scale and nature of the Metro Plan Diagram. However, that <br />7 practical problem is not a basis to reject the city's correct legal conclusion that <br />8 the 2004 Metro Plan Diagram designates the subject property both LDR and <br />9 POS. <br />10 Moreover, the practical problems of applying the 2004 Metro Plan <br />11 Diagram cannot be entirely avoided, even if petitioners' interpretation were <br />12 adopted. As the Metro Plan text indicates, the POS designation is intended to <br />13 protect the South Hills ridgeline. That ridgeline is not the kind of geographic <br />14 feature with a defined border. If the boundary between the LDR and POS <br />15 designation is drawn at the current location of the UGB, as petitioners argue, <br />16 that simply displaces the entire POS designation, and the practical problem of <br />17 finding the boundaries of that designation, to the far side of the ridgeline and <br />18 the adjoining property to the south. If, as seems likely, the large parcel to the <br />19 south is not subject to a property-specific refinement plan, at some point the <br />20 extent of the southern boundary of the POS designation on that property must <br />21 be determined based solely on the 2004 Metro Plan Diagram. <br />22 Further, the practical problem in the present case is just a single instance <br />23 of a larger issue. Some areas of the city are not subject to any refinement plan. <br />24 Some refinement plans, such as the Laurel Hill Refinement Plan, do not have <br />25 parcel-specific maps, or maps informative about the designation of particular <br />26 properties. Some refinement plan maps will conflict with the Metro Plan <br />Page 20 <br />Laurel Ridge Record (Z 15-5) Page 1058 <br />
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