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LUBA Appeal Final Order
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LUBA Appeal Final Order
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Last modified
2/1/2018 4:01:55 PM
Creation date
1/31/2018 2:04:27 PM
Metadata
Fields
Template:
PDD_Planning_Development
File Type
CA
File Year
17
File Sequence Number
1
Application Name
UGB ADOPTION PACKAGE
Document Type
Final Order
Document_Date
1/10/2018
External View
Yes
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I THIRD ASSIGNMENT OF ERROR <br />2 ORS 197.296(4)(c) requires the city to "create a map or document that <br />3 may be used to verify and identify specific lots or parcels that have been <br />4 determined to be buildable lands." ORS 197.296(4)(a)(A) specifies that <br />5 "buildable lands" includes lands "planned or zoned for residential use[.]" As <br />6 noted, the challenged decision incorporates 42 area-specific maps that identify <br />7 parcels of vacant and partially vacant residential land included on the BLI. <br />8 Each map identifies the residential designation of a parcel (Low Density <br />9 Residential, Medium Density Residential, or High Density Residential). <br />10 Petition for Review Appendix A 100-142. <br />11 A map that is large scale, known as the "Metro Plan Diagram," is the <br />12 land use map that assigns general land use designations to all land within the <br />13 city's UGB. The Metro Plan as modified by refinement plans is parcel-specific <br />14 for most parcels within the UGB, but for some parcels, the large scale and lack <br />15 of parcel lines create difficulty in determining assigned land use designations. <br />16 Record 384-86. <br />17 In its third assignment of error, we understand petitioner to argue that <br />18 there is not substantial evidence in the record to demonstrate that all of the land <br />19 included on the BLI is "planned or zoned for residential use," due to the large <br />20 scale and lack of parcel specificity of the Metro Plan Diagram. ORS <br />21 197.296(4)(a)(A). We understand petitioner to argue that the 42 maps that <br />22 identify the residential designation of each parcel included on the BLI do not <br />Page 16 <br />
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