Eugene Hearing Official <br />March 5, 2018 <br />Page 12 <br />“An ordinance designed to carry out a county comprehensive plan and a county <br />comprehensive plan shall apply to: <br />(a) The area within the county also within the boundaries of a city as a result <br />of extending the boundaries of the city or creating a new city unless, or until the <br />city has by ordinance or other provision provided otherwise; and” <br />That current language was in effect in 1982 when the Metro Plan was acknowledged and in 1987 <br />when the City assumed land use jurisdiction in the UGB. SeeMultnomah County v. City of <br />Fairview, 96 Or App 14, 771 P2d 289 (1989). <br />The only conclusion thattheHearing Official can reach, based on this record, is that the SHS has <br />not been shown by the City to be a standard that applies to this land use decision because the <br />SHS has never been adopted to apply to the subject property. <br />Sincerely, <br />Bill Kloos <br />Bill Kloos <br />Encl. <br />Spreadsheet of standards <br />Hearing Exhibits <br />Ex A -Site Review for Alder Springs (SR 17-2) <br />Ex B -LCDC Enforcement Final Order 17-ENF-001881 3.21.2017 <br />Ex C -Metro Plan 1982, as acknowledged August 23, 1982. <br />Ex D -“Agreement Regarding the Transfer of Building and Land Use Responsibilities within the <br />Urbanizable Portion of the Eugene Urban Growth Boundary.” May 7, 1987. <br />Ex E-Alder Woods PUD HO Decision, PDT 07-5 (Sept. 10, 2008) <br />Ex F -Alder Woods PUD PC Decision, PDT 07-5 (Nov. 5, 2008) <br /> <br />