1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />Attachment B <br />Open Space (POS) designation. In Environ-Metal Properties, LLC v. City of <br />Eugene, 69 Or LUBA 33, affd 263 Or App 714, 330 P3d 74 (2014), LUBA <br />affirmed the city's conclusion that a southern portion of the subject 121-acre <br />property is designated POS. LUBA rejected Environ-Metal's argument that it <br />was impossible to determine based on the scale and lack of detail on the Metro <br />Plan Diagram exactly where on the subject property the boundary line between <br />the LDR and POS designations lies. We commented: <br />"Because the Metro Plan diagram is, now digitized, and the <br />depicted plan boundaries [on the digitized map] are sharper than in <br />previous versions, the problem may not be as difficult to solve as <br />[Environ-Metal] fear[s]. It may be possible to scale up the digital <br />version of the map, overlay it with property lines from a digital <br />database, and determine the precise plan designation boundaries <br />on the subject property with reasonable accuracy. If for some <br />reason that is not possible, the city and [Environ-Metal] will have <br />to do the best they can with the tools at their disposal." 69 Or <br />LUBA at 47. <br />B. The Present Zoning Application <br />In 2015, Environ-Metal filed the present application to rezone the <br />20 northern portion of the subject property for residential use, and to zone <br />21 <br />22 <br />23 <br />24 <br />25 <br />approximately 20 acres of the southern portion of the property Parks and Open <br />Space (POS), zones that implement the plan designations on the property. <br />Eugene Code (EC) 9.8865(1) is a zone change criterion requiring that the <br />applicant demonstrate that "[t]he proposed change is consistent with the <br />applicable provisions of the Metro Plan." Thus, the relevant legal question is <br />Page 5 <br />HO Agenda - Page 17 <br />