Appeal Decision - Laserfiche WebLink

Exhibit A adopted in 1980 and then amended in 1987 and 2004. There are more recent maps purporting to be the Metro Plan diagram, but as explained by the applicant the last adopted Metro Plan diagram was the 2004 version. No new versions of the Metro Plan diagram have been adopted since 2004. The 2004 Metro Plan diagram is a small scale map on an 11 x 17 inch map where one inch equals approximately 7000 feet. The POS designation is depicted in a green color and the LDR designation in a yellow color. The UGB is depicted as a dashed black line. The UGB line, however, is only approximation as the exact location of the UGB was not established until a boundary commission decision in 2007. East 30th Avenue and the UGB intersect on the Metro Plan just to the southwest of the property. After agreeing with the City that at least some of the applicant's property was planned POS, LUBA suggested a potential method to determine a precise location for the boundary: "Because the Metro Plan diagram is now digitized, and the depicted plan boundaries are sharper than in previous versions, the problem may not be as difficult to solve as petitioners [the applicant] fear. It may be possible to scale up the digital version of the map, overlay it with property lines from a digital database, and determine the precise plan designation boundaries on the subject property with reasonable accuracy. If for some reason that is not possible, the city and petitioner will have to do the best they can with the tools at their disposal." Slip op 21. While the applicant argues that LUBA's instructions are merely dicta and need not be followed, LUBA's suggestions certainly seem like a good place to start. The applicant, however, does raise the point that LUBA was not aware that there is not a digitized version of the 2004 Metro Plan available. As the applicant explains, although there is a digitized version of the Metro Plan, that digitized version is not identical to the 2004 Metro Plan. The Lane Council of Governments (LCOG) maintains the maps and data used in generating the maps. The current version available from LCOG has made adjustments and improvements since 2004. LCOG also specifically states that the only version of the Metro Plan that is considered official is the 2004 11 x 17 inch version.4 As digitized versions cannot be used precisely as LUBA suggested, the parties have had "to do the best they can with the tools at their disposal." In general, the parties have attempted to follow LUBA's suggestion by enlarging the relevant portion of the Metro Plan and superimposing the subject property on that enlargement. a As the applicant points out, LCOG's August 12, 2015 letter to LHVC states, `'[e]ven now, after several iterations of adoption and amendment, it is worth noting that the only version of the Metro Plan Diagram that is considered official is the one produced at the 11 x 17 size and scale, on which the designations are depicted over single-line representation of major streets and roads." Hearings Official Decision (Z 15-5) Page 5