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Final Decision
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Last modified
10/28/2019 4:02:55 PM
Creation date
10/24/2019 3:18:47 PM
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Template:
PDD_Planning_Development
File Type
Z
File Year
15
File Sequence Number
5
Application Name
LAUREL RIDGE
Document Type
Decision Document
Document_Date
3/11/2016
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Yes
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I Open Space (POS) designation. In Environ-Metal Properties, LLC v. City of <br />2 Eugene, 69 Or LUBA 33, affd 263 Or App 714, 330 P3d 74 (2014), LUBA <br />3 affirmed the city's conclusion that a southern portion of the subject 121-acre <br />4 property is designated POS. LUBA rejected Environ-Metal's argument that it <br />5 was impossible to determine based on the scale and lack of detail on the Metro <br />6 Plan Diagram exactly where on the subject property the boundary line between <br />7 the LDR and POS designations lies. We commented: <br />8 "Because the Metro Plan diagram is now digitized, and the <br />9 depicted plan boundaries [on the digitized map] are sharper than in <br />10 previous versions, the problem may not be as difficult to solve as <br />11 [Environ-Metal] fear[s]. It may be possible to scale up the digital <br />12 version of the map, overlay it with property lines from a digital <br />13 database, and determine the precise plan designation boundaries <br />14 on the subject property with reasonable accuracy. If for some <br />15 reason that is not possible, the city and [Environ-Metal] will have <br />16 to do the best they can with the tools at their disposal." 69 Or <br />17 LUBA at 47. <br />18 B. The Present Zoning Application <br />19 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 approximately 20 acres of the southern portion of the property Parks and Open <br />22 Space (POS), zones that implement the plan designations on the property. <br />23 Eugene Code (EC) 9.8865(1) is a zone change criterion requiring that the <br />24 applicant demonstrate that "[t]he proposed change is consistent with the <br />25 applicable provisions of the Metro Plan." Thus, the relevant legal question is <br />Page 5 <br />
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