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HomeMy WebLinkAboutOpen Record Period MemoAM WPIanning Memorandum Date: September 28, 2016 To: Fred Wilson, Eugene Hearings Official From: Erik Berg-Johansen, Assistant Planner, (541) 682-5437 Subject: LUBA Remand: Laurel Ridge Zone Change (Z 15-5) - Open Record Period Memo Background During the public hearing before the Hearings Official (HO) on September 21, 2016, the applicant presented its case and submitted five (5) new maps with supporting evidence. Opponents from the Laurel Hill Valley Citizens (LHVC) neighborhood group also testified and submitted written evidence into the record; however, LHVC has not submitted any new maps into the record up to this point. Metro Plan Diagram Used by LHVC The applicant team argues that Sheet 9/2/15-04 does not utilize a scanned version of the official Metro Plan diagram. City of Eugene staff keep paper copies of the official 11x17 Metro Plan diagram for everyday use - at the request of LHVC, staff scanned this paper copy on a Fujitsu Fl- 5750C scanner and sent the digital file to LHVC. This high quality scanner is able to produce images with an optical resolution of 600 dots per inch (DPI), which is why the Metro Plan diagram image on Sheet 9/2/15-04 appears to be quite clear. Use of the City Limits Line During their presentation, the applicant team asserted that the city limits line cannot be used because it is not present on the Metro Plan diagram. While it is true the city limits line does not exist on the Metro Plan diagram, the applicant previously argued this issue and LUBA disagreed. LUBA states "...the hearings official erred in declining to consider evidence regarding the matchup between the surveyed city limits line and Spring Boulevard and the green finger" (LUBA Final Order, page 37). Staff agrees with LUBA that the city limits line can, and should, be utilized to help determine a more accurate placement of the boundary line between R-1 and PRO zoning. The applicant also asserts that the city limits line, as depicted on the applicant's original map (Sheet ZC-2, submitted May 27, 2015), is not drawn accurately. This is interesting because Note #2 on Sheet ZC-2 states: "City Limits and Urban Growth Boundary based on 6.27.2011 survey by Branch Engineering." Based on the applicant's assertion that all of the other surveyed lines (i.e. the property boundary and East 30th Avenue) are completely accurate, it seems that the surveyed city limits lines should be accurate too. City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax www.eugene-or. gov/plan n in g LUBA Remand: Laurel Ridge Zone Change (Z 15-5) To test the accuracy of the applicant's city limits line, staff took measurements on the original, full-size copy of Sheet ZC-2. As explained below, this was basically a "spot check" of the city limits line. Using an engineer's scale, staff found that the distance between the western property boundary and the far western reach of the city limits line (directly west of the subject property) is approximately 850 feet. A reduced copy of Sheet ZC-2 with staff's notes is included as Figure 1. Staff made a second measurement on the original, full-size copy of the "Hendricks Hill Property Annexation" map (file #A 07-10), which led to annexation approval for the subject property. Not surprisingly, staff measured 850 feet between the western property boundary and the eastern side of the "green finger"' (which also coincides with the city limits boundary). A scanned, reduced version of this map with staff's notes is included as Figure 2, however the original full- size copy of the map is available in the application file for reference and is hereby incorporated into the record. Staff made a third measurement within ArcGIS (Geographic Information System) mapping software, and the same measurement of 850 feet was made with the GIS data available to the Cityz. These data layers (city limits boundary and tax lots) are generally accurate and are used for a wide variety of city mapping projects including legal noticing requirements. Staff has provided a graphical representation of this measurement as Figure 3. As a result of this additional analysis and measurement, staff agrees with LUBA's finding that the city limits line does provide a valuable, additional referent that helps to more accurately locate the plan designation boundary on the subject property consistent with the Metro Plan diagram. Using Multiple Referents Map Use: Reading and Analysis, Sixth Edition is a widely used college textbook for geography and cartography students. The book provides the following definition of "georeferencing" (the technical name for the process of using map referents to align different maps or data layers): "The procedure used to bring data layers into alignment via known ground location control points or, alternatively, the procedure of bringing a map or data layers into alignment with the earth's surface via a common coordinate system." The important part to note is the plural in "control points" - City of Eugene staff with professional GIS experience note that accurately registering a map image (i.e. the Metro Plan diagram) to map data layers can only be accomplished by using multiple map referents (or control points). If only one map referent is used, issues like the "sliding effect" on East 30th Avenue can occur. As explained by LHVC in previous proceedings before the HO and Planning Commission, "sliding" of the referent can occur in the case of East 30th Avenue because it is a linear referent, as opposed to a point (i.e. a street intersection or the corner of two property lines). 1 Green Finger: Tax Lot 301 of Assessor's Map 18-03-09-20; owned by City of Eugene and designated POS 2 City Limits Data Layer: originates from Lane County of Governments (LCOG); data has "high quality - current and complete" rating, and a "Quality 2 - Maps that meet National Map Accuracy standards. 90% features within 40' at 1:24,000" positional accuracy rating. Tax Lot Data Layer: originates from Lane County Dept. of Assessment and Taxation City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax www.eugene-or. gov/plan n in g LUBA Remand: Laurel Ridge Zone Change (Z 15-5) In their written materials submitted at the public hearing, the applicant asserts "...that multiple referents does not necessarily result in a more defensible alignment of the subject property on the Metro Plan diagram. No two referents work completely, let alone the `....four referents...'that LUBA said could work." The applicant believes that if you align the map using one referent, and then try to align to a second referent, the Metro Plan diagram will not accurately align with either referent. It is probably true that when 3 or 4 referents are used they will not all align perfectly with the map features; however, this is expected and it is preferable to use multiple map referents even if they do not line up with 100% accuracy. In this case, staff agrees with LUBA that the final result will still be more accurate if the map is registered as closely as possible to multiple referents (as opposed to a perfect alignment with one referent). LHVC's Sheet 9/2/15-04 is evidence that multiple referents, including East 30th avenue, the green finger, and the city limits line, can be used at the same time to complete the Metro Plan diagram registration. It appears the applicant failed to follow LUBA's direction because they used only one referent at a time, thereby resulting in a less accurate location of the plan designation boundary on the subject property. Attachments Figure 1: Staff Measurements on Applicant's Sheet ZC-2 Figure 2: Staff Measurements on A07-10 Annexation Map Figure 3: Staff Measurements with Local Government GIS Data City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax www.eugene-or.gov/planning -3 e woo °,iy sot a roc slop 'oo M-0-8~ dHw 4 z aoaianaan F V J11213d021d 133f8f1s d°no- 3a31vsa'a334tNUiN3LS :39NVHD 3NOZ = _ N (D I) LL ~a o~w z . _ s ~ i ~I I I i U °°O Oa xF °°0rc °0a o z of L 4 Z3 U L O ^ ^ Z3 W I I F I /i H N y~j / ~ / ~ ~ W W V/ 9 2 W I m away -wo ~ ~ ~ a--' toga O m C mMOEN ) r/ O 0 O 00 J Q (1) (A I. _ I I, uop exaund Spadold 1111-1 s3P'JPu9H N N LL } I ns ~ ' n .d l~~ 1i .,y 1i V 913180 II J i ~ (n -~Y: 'IS 30 O L OLO cc ,.r m.. e. rrv,era ss ~~.sm~n-wa.3.m~ne..~mr, r O U C O ~ N L ~ 11. c Q Co VJ , U 0 f V O a) E O /O ° U O J i= LL\ O Ln co O cu O c O a) ern L- O W Q a) a y N LL 2 L •L N C) Lr) U E q N N W ~o cL Q (a co ° SPRING BLVD ° a) ° c cu O U E O J 4-0 O N _ X U a) ° _0 r 4-0 O ~Q J O - X = ti ~ FZ J U -p a) a4-0 ) H a) w