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Decision of Hearings Official
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Last modified
10/28/2019 4:02:06 PM
Creation date
10/24/2019 3:28:48 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
9/24/2015
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Yes
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adopted in 1980 and then amended in 1987 and 2004. There are more recent maps purporting to <br />be the Metro Plan diagram, but as explained by the applicant the last adopted Metro Plan <br />diagram was the 2004 version. No new versions of the Metro Plan diagram have been adopted <br />since 2004. The 2004 Metro Plan diagram is a small scale map on an 1 1 x 17 inch map where <br />one inch equals approximately 7000 feet. The POS designation is depicted in a green color and <br />the LDR designation in a yellow color. The UGB is depicted as a dashed black line. The UGB <br />line, however, is only approximation as the exact location of the UGB was not established until a <br />boundary commission decision in 2007. East 30`'' Avenue and the UGB intersect on the Metro <br />Plan just to the southwest of the property. <br />After agreeing with the City that at least some of the applicant's property was planned <br />POS, LUBA suggested a potential method to determine a precise location for the boundary: <br />"Because the Metro Plan diagram is now digitized, and the depicted plan boundaries are <br />sharper than in previous versions, the problem may not be as difficult to solve as <br />petitioners [the applicant] fear. It may be possible to scale up the digital version of the <br />map, overlay it with property lines from a digital database, and determine the precise plan <br />designation boundaries on the subject property with reasonable accuracy. If for some <br />reason that is not possible, the city and petitioner will have to do the best they can with <br />the tools at their disposal." Slip op 21. <br />While the applicant argues that LUBA's instructions are merely dicta and need not be <br />followed, LUBA's suggestions certainly seem like a good place to start. The applicant, however. <br />does raise the point that LUBA was not aware that there is not a digitized version of the 2004 <br />Metro Plan available. As the applicant explains, although there is a digitized version of the Metro <br />Plan, that digitized version is not identical to the 2004 Metro Plan. The Lane Council of <br />Governments (LCOG) maintains the maps and data used in generating the maps. The current <br />version available from LCOG has made adjustments and improvements since 2004. LCOG also <br />specifically states that the only version of the Metro Plan that is considered official is the 2004 <br />11 x 17 inch version.' As digitized versions cannot be used precisely as LUBA suggested, the <br />parties have had "to do the best they can with the tools at their disposal." <br />In general, the parties have attempted to follow LUBA's suggestion by enlarging the <br />relevant portion of the Metro Plan and superimposing the subject property on that enlargement. <br />a As the applicant points out, LCOG's August 12, 2015 letter to LHVC states, "[e]ven now, after several iterations <br />of adoption and amendment, it is worth noting that the only version of the Metro Plan Diagram that is considered <br />official is the one produced at the I I x 17 size and scale, on which the designations are depicted over single-line <br />representation of major streets and roads." <br />Hearings Official Decision (Z 15-5) <br />Page 5 <br />
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