Attachment D <br />City of Eugene Planning Commission <br />clo Erik Berg-Johansen <br />City of Eugene, Planning <br />RE: Appeal issues for Z 15-5 <br />This statement is to appeal the recent decision by the Hearings Official regarding a zone <br />change granted on September 24, 2015 for the Laurel Ridge PUD, City file number Z 15-5. This <br />appeal is made on behalf of the Laurel Hill Valley Citizens with support from Fairmount <br />Neighbors Association and Southeast Neighbors. <br />At issue here is the location of the boundary that defines the Parks, Recreation and Open <br />Space on the applicant property. The existence of this PRO on the applicant property was <br />upheld by the Land Use Board of Appeals and the State of Oregon Court of Appeals in 2014. <br />To get a precise location LUBA said: "Because the Metro Plan Diagram is now digitized, and the <br />depicted plan boundaries are sharper than in previous versions, the problem may not be as <br />difficult to solve as petitioners fear. It may be possible to scale up the digital version of the map, <br />overlay it with property lines from a digital database, and determine the precise plan designation <br />boundaries on the subject property with reasonable accuracy. If for some reason that is not <br />possible, the city and petitioner will have to do the best they can with the tools at their dis osal." <br />The results of this overlay on a scaled up Metro Plan can be seen <br />-from the original Zone Change Application where the applicants use 30"' Avenue and true <br />north (parallel to the edge of the page) as referents (Attachment #3). <br />1. The Hearings Official erred by not taking into consideration <br />The opponents addressed this in HE #4. The Hearings <br />Official did not ac+ri = e s error nor did the applicant in post hearing documents. The applicant <br />admitted errin .:I-,d produced ZC-4 L (rotated) in restitution with an inappropriately <br />blurred out Proper placement of thim using Spring Blvd, which is depicted on <br />the Metro Plan. allows for a much more accurate and unequivocal location of the applicant <br />property on the Metro Plan. <br />2. The Hearings Official erred by allowing the applicant to use 3e Avenue as the sole referent <br />to locate their property on the 2004 Metro Plan Diagram as seen in their map ZC-4 L included in <br />the 'Public Comment- Applicant Post-Hearing' {Attachment #4}. On Page 9 of the `Hearings <br />Official Decision' he says "Given the 2004 Metro Plan and the metes and bounds description of <br />the property, I believe the best guess is to align 30'" Avenue along the western edge of the <br />property and to rotate the map of the property to align with grid north as depicted in Exhibit L <br />PC Agenda - Page 23 <br />