LaurelRidge Page 2 of 5 <br />Zone Change Application (Z 15-5) <br />Eugene Hearings Official - Appeal Remand Hearing - Applicant Testimony <br />September 21, 2016 <br />LUBA's second primary finding is that additional reference points (also known as "referents") <br />should be used to more accurately overlay the subject property on the enlarged version of the <br />Metro Plan diagram. LUBA states "...the hearings official erred in declining to consider <br />evidence regarding the matchup between the surveyed city limits line and Spring Boulevard <br />and the green finger"(LUBA Final Order, page 37). <br />The use of city limit lines is once again surfacing. City limit lines are not on the Metro <br />Plan diagram. They cannot be used because they are not there. Eugene staff <br />previously stated "...the Metro Plan diagram does not show the location of the city <br />limits line, thereby precluding its use as a referent... " (Planning Commission Appeal of <br />Hearings Official Decision, Agenda Item Summary, October 20, 2015, Page 4). <br />Further, the city limit lines which appeared on the applicant's zone change plan set <br />(dated 5-15-15) were not surveyed lines. They were remnant lines drawn by staff <br />during preparation for the original zone change application (dated 5-18-12) which were <br />lines traced over a tax lot map pieced together during the project's initial data collection <br />activity in 2011. Because those lines were on the applicant's drawing does not make <br />them part of the Metro Plan diagram. <br />LUBA further states that "...1 agree with the majority that the hearings official's choice to rely <br />on a overlaid diagram that matches only one referent (the nearby East 30th Avenue <br />centerline) when an overlaid diagram that matches that referent and three additional referents <br />(the East 30th curve, the East 30th/Spring Boulevard intersection', and the green finger) is <br />inadequately explained in the decision on appeal. In particular, the hearings official does not <br />appear to have appreciated that an overlaid diagram based on an enlargement of the official <br />Metro Plan diagram that matches four referents was available" (LUBA Final Order, page 39). <br />Here, the applicant decided to find the location of the cited referents in relation to the subject <br />property. Utilizing the expertise of a licensed professional land surveyor, Dan Nelson, PLS, <br />Principal and Survey Manager with Branch Engineering, boundaries belonging to the <br />following Metro Plan graphics were located. <br />Surveyor-Located Elements (Referents) <br />a. The centerline of 30th Avenue. <br />b. The boundaries of Tax Lot 301 (the green finger). <br />c. The centerline of Spring Blvd. <br />d. The west, north and east boundaries of Tax Lot 800 (Bloomberg Park). <br />e. The east boundary of Tax Lot 500. <br />Updated Zone Change Plans <br />Utilizing Exhibit L (Adopted 2004 Metro Plan Map: Rotated, Sheet ZC-4, dated 9-2-15), the <br />approved zone change plan, and keeping the drawing at the same scale, with the same 2- <br />degree rotation, and using the same Metro Plan diagram enlargement and the same dividing <br />line between the two zone designations, the applicant generated an updated version of the <br />plan. In fact, the applicant generated a series of updated plans. Four of them. These, and a <br />brief description of each, are as follows: <br />Sheet ZC-4A - This is the same plan as the approved zone change plan, Exhibit L, <br />Sheet ZC-4. The relationship of the centerline of 30th Avenue with respect to the Metro <br />Plan diagram was not altered. It is in its original location as shown on the approved <br />There is, in fact, no intersection of 30th Avenue and Spring Boulevard. At this location, Spring Boulevard is an overpass, with 30th <br />Avenue running underneath Spring Boulevard. <br />Schirmer Satre Group • 375 West 4 ch Avenue, Suite 201, Eugene, OR 97401 9 (541) 686-4540 <br />