HomeMy WebLinkAboutOpen Record Response Period ending 10-5-16Laurel Dill Valley Citizens
Co-Chairs
October 5, 2016
Mr. Fred Wilson
Gunnar Schlieder
Hearings Official
Sheryl Kelly
c/o Erik Berg-Johansen
City of Eugene
Vice-Chair
RE: LHVC SUBMISSION FOR 2nd OPEN RECORD PERIOD, LAUREL RIDGE PUD
ZONING REMAND (Z15-0005)
Stephanie Midkiff
Dear Mr. Wilson:
I am writing this letter on behalf of the Laurel Hill Valley Citizens as our submission
Secretary
during the 2nd Open Record period. This submission addresses the applicant's submission
from September 28, 2016.
Natalie Whitson
In short the applicant makes four allegations:
Treasurer
1. The applicant prefers their Exhibit "L" which consists of an overlay of rotated ZC-
2 onto a poor-quality scan of the Metro Plan Diagram using only the 30' Avenue
Susan Ratzlaff
centerline as referent. They dismiss overlays based on other single referents on the
basis of the referent's size or distance from the property.
Executive
2. LHVC Sheet 9/2/15-05 (Tax Lot Map Overlay) has inaccuracies.
3. LHVC Sheet 9/2/15-04 (Overlay of applicant's sheet ZC-4 onto high-resolution
Committee
scan of Metro Plan Diagram) has inconsistencies in scale.
Adam Jones
4. The issues with LHVC's Sheet 9/2/15-04 are related to LHVC's use of a "raster
Bill Blix
image" as opposed to a more accurate "vector-based" diagram.
Betty Hosokawa
We will address these issues in the following paragraphs:
Deborah Kelly
Applicant's allegation 1: Single Referent Better than Multiple?
Jan Wostmann
The issue of the propriety of using only one referent for placement of their property on
Kathleen Frazer
whichever Metro-Plan Diagram, as proposed by the applicant, has been addressed in both
LHVC's and City Staff's earlier submissions. Both LHVC and City Staff, the latter
Kaye Downey
referencing textbooks, agree with LUBA that use of multiple referents is preferable to use
Mitch Hider
of a single referent. LHVC's Sheet 9/2/15-04 makes use of a total of four referents,
Richard Cundiff
whereas the applicant uses only one, which, moreover, is a line, rather than a point.
LHVC's Sheet 9/2/15-04 demonstrates that a total of six referents (Centerline of 30r' Ave.,
Centerline of Spring Boulevard and its intersection with 30' Ave., the base of the Green
Finger, Bloomberg Park, and the City Limits) can be matched well to the Metro Plan and is
consistent with Applicant's Sheet SA-7.0.
Laurel HillValleyCitizens@gmail.com . 2585Moon Mountain Drive . Eugene, OR 97403
www.lhvc.org
Mr. Fred Wilson
October 5, 2016
Page 2
Applicant's Allegation 2: Inaccuracies in LHVC Sheet 9/2/15-05
The applicant alleges that there are inaccuracies on LHVC Sheet 9/2/15-05, which is an
overlay of the applicable tax lot maps onto an image of the Metro Plan Diagram which is
based on LCOG's GIS layer.
According to the applicant's description of their methodology, they scaled their survey of
the subject property according to the scale bar on an image of LHVC Sheet 9/2/15-5.
However, quite clearly, someone appears to have measured inaccurately, as the yellowish
surveyed elements of the map are somewhat smaller than the image they have been placed
upon. Consequently, none of the applicant's surveyed elements fit well with the
underlying LHVC image. The Centerline for Spring Boulevard is not centered on Spring
Boulevard, but rather to the east of the center of the road on the TL Map, the surveyed
property line of Bloomberg Park is to the W and N of the one on the tax lot map and the
subject property is smaller than shown on the TL Map. According to our assessment of
the issue it appears to be the result of inaccurate scaling by the applicant rather than
represent inaccuracies with either the TL Maps or LHVC's map.
Moreover, even if the applicant's argument were right, the maximum discrepancy for the
applicant's property appears to be 35 feet as opposed to the 179 feet the applicant had
"slid" their property to the NW on their proposed overlay maps.
Applicant's Allegation 3: Inaccuracies in LHVC Sheet 9/2/15-04
The applicant alleges issues with the scaling of LHVC Sheet 9/2/15-04. It is telling that the
applicant did not include the entire sheet as presented by LHVC, but rather only a portion
of the sheet and the scale bar from that sheet as an excerpt. It should be noted that the
entire drawing of the applicant's boundary and scale bar (along with the Shirmer-Satre
Logo etc.) on applicant's sheet ZC-2 was imported into the LHVC sheet as a unit. LHVC
verified the bar scale presented by Schirmer-Satre on their drawing and then used the
drawing without any modifications, besides the rotation necessary to bring the diagram to
Grid North.
In the wake of the applicant's allegation, LHVC re-checked (to a foot or less accuracy) our
scale of the original document on which the LHVC Sheet 9/2/15-04 PDF is based and
found no discrepancies between the scale bar and stated distances along the property lines
If there are scaling discrepancies on applicant's ZC-417 and ZC-4G, they are either
due to the applicant's inability to correctly read the scale of their own drawing or to
some manipulation the applicant has performed with the scale block which they
separated from the original drawing.
Laurel HillValleyCitizens@gmail.com . 2585Moon Mountain Drive . Eugene, OR 97403
www.lhvc.org
Mr. Fred Wilson
October 5, 2016
Page 3
Applicant's Allegation 4: Vector-Based Diagrams Preferable to Raster Images
The issue of raster image vs. vector-based diagram was initially introduced in September,
2015, during the first open record period, by the applicant's insistence on using an
extremely poor-quality scan of the Metro-Plan Diagram. Their first submission during the
2015 zone change application had been presented on vector-based Metro-Plan Diagram
images obtained from LCOG's GIS Metro Plan Layer. Only after LHVC presented
alternative maps based on the same LCOG GIS layer, did the applicant submit maps using
the poor-quality scan of the "adopted" Metro Plan diagram insisting that these were the
only acceptable version. Since that time, it has been the applicant who has insisted that
ONLY raster-based scanned images of the original Metro-Plan Diagram are
admissible! And now they want to complain about the use of raster-based images by
LHVC. It was actually LUBA who indicated in their opinion that LCOG's GIS layer
would likely result in an acceptable Metro-Plan diagram base map onto which to the place
the applicant's property. So the limitation of using raster-based scans of paper copies of
the Metro-Plan Diagram remains entirely at the applicant's insistence and not due to any
limitations from LHVC, City Staff, or LUBA.
Nonetheless, LHVC is at least in partial agreement with the applicant's argument, which
postulates that "vector-based" diagrams (which locate points in space by direction and
distance from an origin) can be more accurate than pixel-based images. The latter are
limited in their accuracy to the size of the pixels. If Oregon were represented by a raster
image with pixels 300 miles wide by 300 miles tall, it would not be possible to locate any
points within the state, as one pixel would essentially encompass the entire state. The
entire United States would be approximately 9 pixels wide, from Washington State's
Olympic Peninsula to the eastern tip of Maine, and 5 pixels high, from the northern border
of Minnesota to the south tip of Texas. Such an image would clearly not be useful to the
question before us.
However, the accuracy of raster (pixelated) images is entirely dependent on the size of the
pixels used, also called the "resolution". For generating LHVC Sheet 9/2/15-04, LHVC
worked on an image of the Metro Plan Diagram (1" = 7,000') at a resolution of 1,200 dpi
(dots - or pixels per inch, re-calculated from the original scan). Therefore, on LHVC's
Metro Plan Diagram, each pixel represents 7,000 feet/1,200 dots = 5.83 feet per pixel, or
each pixel represents an area of 5.83' x 5.83' = 34 ft'/pixel. Once the Metro Plan Diagram
had been scaled up to the 1" = 200' scale used by the applicant's maps, the resolution was
recalculated to 300 dpi (pixels per inch or 2007300 dpi = 0.667feet per pixel), which does
not change the coloration of the scanned Metro Plan Diagram (5.83 feet/dot) but improves
the workability of the map and the image quality of the applicant's Sheet ZC-4.
As outlined in our submission for the I" Open Record Period (on September 28, 2016), the
applicant used a Metro Plan Diagram with a pixel size of 17.5' x 17.5' = 306 ft2/pixel.
This means that nine pixels on the Metro Plan Diagram underlying LHVC Sheet 9/2/15-04
fit into one pixel of the applicant's Metro Plan Diagram scan. Along those same lines, it
should be pointed out that on their maps (1" = 200'), the applicant represents their property
Laurel HillValleyCitizens@gmail.com . 2585Moon Mountain Drive . Eugene, OR 97403
www.lhvc.org
Mr. Fred Wilson
October 5, 2016
Page 4
lines as 0.09" wide, which is 18 feet, or three times the pixel size used by LHVC for the
Metro Plan Diagram.
Whereas it is true that the applicant's surveyed boundaries and points are represented in
ACAD as vector-based objects, the applicant then places these theoretically very precise
points and lines on a raster-based image of extremely poor quality, which makes the
accuracy of their maps extremely poor. This is precisely the reason why LHVC has
called for discarding all the applicant's maps which are based on their extremely
poor-quality scan of the "original" Metro Plan Diagram.
As suggested previously, if greater accuracy is desired for locating the boundary between
POS and R-1 within the Laurel Ridge property, it would be possible to use LHVC Sheets
9/2/15-01 or 9/2/15-02, which use a digital version of the Metro Plan Diagram obtained
from LCOG. The only difference between the two maps is the orientation to North (True
North vs. Grid North). These maps provide the crispest delineation of the Metro Plan
Zoning Designation boundary.
Respectfully submitted,
Gunnar Schlieder, Ph.D., CEG
Co-Chair, Laurel Hill Valley Citizens
OREGON
Expires 12/31 /2016
LaurelHillValleyCitizens@gmail.com . 2585Moon Mountain Drive . Eugene, OR 97403
www.lhvc.org
Laurel Hill VaRey Citizens
Co-Chairs
Gunnar Schlieder
Sheryl Kelly
Vice-Chair
Stephanie Midkiff
Secretary
Natalie Whitson
Treasurer
Susan Ratzlaff
Executive
Committee
Adam Jones
Bill Blix
Betty Hosokawa
Deborah Kelly
Jan Wostmann
Kathleen Frazer
Kaye Downey
Mitch Hider
Richard Cundiff
October 5, 2016
Fred Wilson, Eugene Hearings Official
c/o Eugene Planning Department
99 West 10th Ave.
Eugene OR 97401
Re: Laurel Ridge Zone Change ( Z 15-5) Remand
Dear Mr. Wilson:
Just a quick note to explain how the evidence I entered into the record last week,
regarding the approximation of the POS acreage by the City's GIS specialist. In his
judgment there were approximately 42 acres of POS on the applicant's property.
Since we don't have a map showing exactly where those 42 acres are, this information is
useful only as 'context'. It should assist you in determining that the applicant's map,
Exhibit L, which shows approximately 20 acres of POS, cannot be correct. Such a large
discrepancy surely indicates that the applicant's methodology produced an incorrect
resu It.
In contrast, LHVC's Sheet 9/2/15-04 shows approximately 40 acres of POS, which is much
closer to the estimate produced by the City's GIS specialist.
There are of course many more compelling and direct reasons why Sheet 9/2/15-04 is the
most accurate representation of the line separating the plan designations on the 2004
Metro Plan Diagram. See testimony from Gunnar Schlieder, Bill Blix and Sean Malone.
It is interesting to note that should you delineate the line between plan designations
based on Sheet 9/2/15-04, the applicant would likely acquire two acres more of
developable land than what the accuracy of today's GIS technology would give them.
Respectfully submitted,
Jan Wostmann
Laurel Hill Valley Citizens
LaurelHillValleyCitizens@gmail.com 9 2585 Moon Mountain Drive 9 Eugene, OR 97403 9 www.lhvc.org
LaurelHillValleyCitizens@gmail.com 9 2585 Moon Mountain Drive 9 Eugene, OR 97403 9 www.lhvc.org
Sean T. Malone
Attorney at Law
259 E. Fifth Ave.,
Suite 200-G
Eugene, OR 97401
Tel. (303) 859-0403
Fax (650) 471-7366
seanmalone8@hotmail.com
October 5, 2016
Via Hand Delivery
Eugene Hearings Official
Harris Hall - Lane County Public Service Building
125 East 8th Avenue
Eugene OR 97401
Re: Testimony re remand in LUBA No. 2015-092 and -091
On behalf of Laurel Hill Valley Citizens (LHVC), please accept this response
testimony. The September 28, 2016, letter submitted by Schirmer Satre, the applicant's
consultant (the applicant), alleges that "no two sets of referents can be utilized to
accurately locate the subject property on the Metro Plan Diagram." As LHVC has noted,
the goal here is to use multiple referents to be accurate, not to create perfection.
To the extent that the applicant argues that because perfection cannot be obtained,
then the most inaccurate map can be used, that argument must be rejected. The applicant
alleges that "additional referents have been considered, and that having more referents
did not provide more accuracy." The applicant appears to be looking for perfection
instead of an accurate depiction that utilizes all referents. Harmonizing all referents will
lead to a more accurate depiction than using a single referent that would result in a more
skewed depiction. Going back to the original appeal in this matter, LUBA indicated that
the parties "will have to do the best they can with the tools at their disposal." Environ-
metal Properties, LLC v. City of Eugene, Or LUBA (LUBA No. 2013-098, January
29, 2014), slip op at 21. The applicant appears to argue that because the map cannot
perfectly fit with every referent, then the applicant is somehow justified in using only a
single referent, regardless of the distortion. This argument is unavailing on its face.
The applicant spends much time critiquing LHVC 9/2/15-05, but there is no basis
to conclude that the applicant's methodology is sound. The methodology is made up of
numerous steps and measurements. These steps and measurements are subjective,
especially when "align[ing] the boundary. Where, for example, the applicant proposes to
measure from on a tax lot line necessarily changes the measurement. Regardless of that
basic shortcoming, once again, the applicant is simply attempting to use a single referent
- 30th Avenue, not the many referents that the applicant used and that LUBA suggested -
and the applicant fails to harmonize the various referents to come to a reasonable,
accurate conclusion.
The applicant repeatedly alleges that LHVC 9/2/15-04 and -05 maps represent the
"incorrect" Metro Plan. The letter from the City staff dated September 28, 2016,
unequivocally refutes this worn out allegation. City staff stated:
"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 FI-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."
As such, the applicant's allegation of the "incorrect" map falls on deaf ears.
As to the applicant's repeated assertions that the City limits cannot be used, that
issue has been laid to rest by LUBA in its most recent opinion.I City staff also agrees
with this position, and, at the September 21 hearing, the Hearings Official appeared to
agree.
The applicant essentially alleges that all maps - including tax lot maps and LHVC
maps are incredible - and that only its own maps can be trusted. For example, in alleging
that map LHVC 9/2/16-05 is faulty, the applicant attacks all tax lot maps: it "actually
proves that tax lot maps are inherently fallible and not accurate." This is broad-brushed
statement, in and of itself, is incredulous.
The applicant then presents unsubstantiated arguments about raster and vector,
but the reality is that the applicant is using the blurriest image of all for its map. City
Indeed, LUBA ultimately agreed with LHVC stating:
"while not depicted on the enlarged Metro Plan diagram, the city limits line in this
area is a surveyed line that can be accurately located along the boundaries of two
features that are depicted on the enlarged Metro Plan diagram: Spring Boulevard
and the so-called `green finger.' According to undisputed testimony in the record,
the city limits is located along the eastern boundary of Spring Boulevard, and
borders the eastern and northern boundary of a portion of the green finger, the
base of which forms an `L' shape."
LHVC v. City of Eugene, Or LUBA , (LUBA No. 2015-092/091, March 11, 2016)
slip op 35.
z
staff has attested to the City's high-resolution scanner that LHVC utilized. The blurry
images set forth by the applicant in its maps, on the other hand, are inherently
problematic because it is impossible to know where to begin to measure on such a map.
Such an approach is laden with subjectivity. LHVC's 9/2/15-04 map, however, is much
more clear, as noted by City staff.
For the foregoing reasons, as well as those submitted by members of LHVC,
including Mr. Gunnar Schlieder, I respectfully request that the Hearing Official reject the
applicant's maps and delineate the line between plan designations based on LHVC's
9/2/15 maps.
Sincerely,
Sean T. Malone
Attorney for LHVC
Cc:
Client
3
October 5, 2016
.,Received
Eugene Hearings Official OCT 05 2016
c/o City of Eugene
Planning and Development Department City of Eugene
Planning Division y gene
99 West 10th Avenue Planning Division
Eugene, OR 97401
Re: LaurelRidge Zone Change (City File Z 15-5)
Remand Hearing - Rebuttal Period - Applicant Testimony
Dear Eugene Hearings Official,
We are submitting this as the applicant's rebuttal testimony.
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Applicant's Response to the Eugene Planning Memorandum, Dated September 28, 2016
1. Metro Plan Used by LHVC.
Staff admit that the Metro Plan diagram that they gave to LHVC was from a paper copy that staff
utilizes for everyday use. Staff gave LHVC a digital scan of that paper copy. There is no
documentation on the record as to what was the source of this paper copy, or as to how many
generations from the adopted Metro Plan diagram was that paper copy, or was that paper copy a true
version of the 2004 adopted Metro Plan diagram. It is well-documented that the version available on
the city and LCOG websites is an altered Metro Plan diagram, incorporating various Metro Plan
diagram amendments which have occurred since the diagram was last adopted.
The applicant, on the other hand, through a public records request, obtained a first-generation copy
from the actual adopted Metro Plan diagram. The adopted Metro Plan diagram is a paper copy,
Exhibit C of the ordinance which adopted the diagram in 2004. It is pixelated because the adopted
Metro Plan diagram itself is a paper copy of average resolution.
2. Use of the City Limits Line.
Staff presented two arguments under the heading "Use of the City Limits Line." The first argument is
in regards to the use of city limit lines. The second argument is in regards to a set of three diagrams
which staff generated to underline their assertion that city limit lines can be used. The applicant
addresses both of these arguments below.
A. Use of City Limit Lines.
Staff admit that city limit lines are not on the Metro Plan diagram. Staff then quotes LUBA "...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.) The applicant adds that LUBA also stated "If there is some reason to regard the centerline
matchup as a reliable referent, while regarding the city limits line matchup as an unreliable
referent, neither the Hearings Official nor Environ-Metal identify it. "
Regarding the first LUBA citation above, there are two key words we should not
overlook. These are "consider" and "surveyed." LUBA said that the Hearings
Official should consider evidence. LUBA did not require use of the evidence.
LUBA also referred to surveyed city limits. LUBA did not cite the use of any old
city limits line.
375 West 4th, Suite 201, Eugene, OR 97401
PLANNERS + LANDSCAPE ARCHITECTS + ENVIRONMENTAL SPECIALISTS Phone: 541.686.4540 Fax: 541.686.4577
www.schirmersatre.com
+ LANDSCAPE ARCHITECTS +
1 I
1 1 -
LaurelRidge Page 2 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5 2016
The applicant agrees with LUBA, the Hearings Official can consider city limit lines, but points out
that the Hearings Official is not required to use city limit lines.
As for surveyed city limit lines, the applicant has previously stated that the blue dashed line on
the original zone change plans (Sheets ZC-2, ZC-4, ZC-5 and ZC-6, dated 5-15-2015) was a line
traced over tax lot maps which were received in a GIS format from the Lane Council of
Governments (LCOG). The only portion of that blue dashed line which is surveyed is the
segment coincident with the subject property boundary. As for Note 2 on those 5-15-2015 sheets,
that note is referring to a 6.27.2011 survey. That survey did not include the city limit lines which
are not coincident with the subject property.
As the applicant documented in its open record testimony from September 28, 2016, city limit
lines on the record for this application have been located with the use of tax lot maps and tax lot
maps are inaccurate.
Regarding the second LUBA citation above, it has been documented, and not contested, that the
centerline of 30th Avenue is a reliable referent. Therefore, the Hearings Official can give
appropriate evidentiary consideration that the 301h Avenue centerline is reliable. As noted herein,
and in prior testimony, the Hearings Official can also give appropriate evidentiary consideration
that city limit lines are an unreliable referent.
B. Three Diagrams.
To augment their assertion that the city limits line shown on the applicant's original zone change
application diagrams (notably ZC-2 and ZC-4), staff generated three exhibits - diagrams is which
they "took measurements."
1. Figure 1 from City Submittal, dated September 28, 2016.
In the first measurement, on the applicant's diagram ZC-2, staff measured "...the distance
between the western property boundary and the far western reach of the city limits line
(directly west of the subject property)..." Staff states that that measured distance is
approximately 850 feet. In response, the applicant notes that it doesn't matter what that
distance measures. The referenced city limit line is not a surveyed line. As documented
elsewhere on the record, the city limit lines west of the subject property are lines traced off of
a GIS-based tax lot data set obtained from Lane Council of Governments early on in the
applicant's process of analyzing the subject property. In summary, staff's first measured
drawing is faulty and cannot be used.
See marked-up Figure 1, attached, containing applicant comments. The city limit line
referenced is actuality the east edge of the green finger. Measurements taken from the
surveyed referents result in two different measurements indicating that the lines are not
parallel and that the GIS data is inaccurate.
2. Figure 2 from City Submittal, dated September 28, 2016.
In the second measurement, staff utilized a copy of an exhibit from the subject property's
annexation application from 2006. This exhibit contains topography, tax lot lines and other
miscellaneous information. Staff measured the distance between the lines on this exhibit
representing the subject property and the same city limit line referenced above west of the
subject property. Staff states that the distance is 850 feet. In response, the applicant
contacted the consulting engineer who generated the original 2006 annexation application
Schirmer Satre Group • 375 West 4'h Avenue, Suite 201, Eugene, Utz 8 r4U1 • too 1) n250-40-+u
-
LaurelRidge Page 3 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5, 2016
exhibit. The engineer provided the original CAD file of the exhibit. The engineer also
explained how the exhibit was generated.
"The boundary on my map was generated from County Map data, and the
topography is from aerial mapping sources. We did not order a boundary
survey or a topographic survey, thus no legal description of the boundary
was prepared."
In other words, none of the data on that map is surveyed. See marked up Figure 2, attached,
containing applicant comments. Also see attached full size submittal (Figure 4) that is a map
created from the original AutoCAD file obtained directly from the engineer. The applicant's
surveyed data was overlaid onto the engineer's not surveyed GIS data. The inaccuracy of
the GIS/LiDAR data is obvious.
The engineer also provided a copy of the aerial photo, with topography and tax lot lines, and
a copy of the tax lot map both of which were used in generating the annexation application
exhibit.
Importantly, the annexation exhibit which staff utilized was NOT generated with surveyed
data. At that time there was no survey of the subject property, and, even as today, only tax
lot maps were utilized to locate those lines on the map. In summary, staff's second
measured drawing is faulty and cannot be used.
3. Figure 3 from City Submittal, dated September 28, 2016.
Staff then made a third measurement. Here, staff obtained GIS map data of the west end of
the subject property and measured the distance from the property's western boundary to the
same line as the aforementioned traced city limit lines. Not surprisingly, staff measured the
distance as 850 feet. In response, the applicant reviewed this third figure from staff and
notes the following.
• In the lower right-hand corner of staffs Figure 3 is the note "For General Reference
Only."
• Across the top of this figure are the words "Graphical Representation" and "Local
Government GIS Data."
See applicant's marked-up Figure 3, attached.
The applicant asks, if the figure is for "general reference only", and was generated with "local
government GIS data", how valid is the information, and the measurement, on this particular
drawing? The applicant sought to verify the validity of this GIS data and discovered that the
accuracy of GIS data cannot be verified. Every "local government" which supplies GIS data
includes a standard disclaimer. Four local government GIS sources were consulted and four
local governments provided their standard disclaimer language. A copy of each of these is
enclosed with this letter (Figures 6, 7, 8 and 9), but each is summarized below.
Figure 6. City of Eugene Disclaimer:
"GIS Disclaimer
The maps and data available for access from the City of Eugene are provided "as
is" without warranty or any representation of accuracy, timeliness or
completeness. The burden for determining accuracy, completeness, timeliness,
Schirmer Satre Group • 375 West 4" Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540
LaurelRidge Page 4 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5 2016
merchantability, and fitness for or the appropriateness for use rests solely on the
user accessing this information.
The City of Eugene makes no warranties, expressed or implied, as to the use of
the maps and data available for access at this website. There are no implied
warranties of merchantability or fitness for a particular purpose. The user
acknowledges and accepts all inherent limitations of the maps and data,
including the fact that the maps and data are dynamic and in a constant state of
maintenance, correction and revision. Any maps and associated data for access
do not represent a survey. No liability is assumed for the accuracy of the data
delineated on any map, either expressed or implied. "
Figure 7. Lane County Disclaimer
"Any user of this digital product accepts no warranties and expressly waives any
implied warranties as to fitness, merchantability, design, construction, condition,
specifications or performance.
The County of Lane disclaims, and shall not be held liable for, any and all
damages, loss or liability, whether direct, indirect, or consequential, that arises or
may arise from this product or the use thereof by any person or entity.
The user of this digital product hereby agrees to, and shall, indemnify, hold
harmless, and defend the County of Lane against any and all claims, causes of
action, losses, damages, attorney fees, expenses (including any attorney fees
incurred by the County of Lane) that may be sustained or asserted against the
County arising from, or in any way connected to, its use by the user, and any of
the users, officers, employees, agents, assigns, and successors.
Current configurations and/or designations for specific parcels should always be
confirmed with the appropriate jurisdiction (s).
Permitted Use:
The digital data are for the use of the user only in its lawful business activity and
for no other purpose whatsoever, and are not to be redistributed. User can
provide read-only access to the product by other persons through the means of
the Internet or Intranet provided the following Lane County disclaimer is made
available to the Internet user.
"The information provided by Lane County, Oregon has been developed to
support county business. This product is for informational purposes and may not
have been prepared for, or be suitable for legal, engineering, or surveying
purposes. Lane County is not responsible for possible errors, omissions, misuse
or misinterpretation.
Figure 8. LCOG Disclaimer:
"...the digitally compiled Geographic Information System data provided under this
agreement is provided "as-is" without warranty of any kind, either expressed or
implied, including but not limited to implied warranties of fitness for a particular
purpose. The relative accuracy and absolute accuracy of this product are not
guaranteed by LCOG."
Schirmer Satre Group . 375 West 4'h Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540
LaurelRidge Page 5 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5. 2016
Figure 9. RLID Disclaimer:
"RLID contains maps in a variety of forms. For example, maps appear on every
detailed property report (DPR) as well as on the comp sales report and in Lane
Maps.
The information on these maps was derived from digital databases in the
regional geographic information system (GIS). Where feasible, the GIS data on
which these maps are based is maintained and published in a timely fashion in
order to keep it in synch with the other data content in RLID. Care was taken in
the creation of these maps, but they are provided "as is". LCOG cannot accept
any responsibility for errors, omissions, or positional accuracy in the digital data
or the underlying records. Current designations (e.g., zoning) for specific parcels
should be confirmed with the appropriate jurisdictions. There are no warranties,
expressed or implied, accompanying these maps, however, notification of any
errors will be appreciated. "
In summary, staff's time and effort attempting to document the validity of using the city limits line
was not a wise decision. In the first figure, the city limits line is not a surveyed line. In the second
figure, there is nothing surveyed. In the third figure, the use of GIS data is very well documented
to not be reliable.
3. Using Multiple Referents.
Eugene staff define the process of using map referents as "The procedure used to bring data layers
into alignment via known ground location control points..." Staff further emphasizes plurality of
"control points"- that multiple referents could help in locating a map referent. The applicant doesn't
disagree. Multiple referents could help. However, the applicant points to two discrepancies in staff
assertions.
The first discrepancy is that the definition that staff utilizes is the reference to "known ground
location" control points. As has been documented, the much-cited city limit lines west of the
subject property are not surveyed lines. There is no known ground location of those lines.
They were traced over non-surveyed, "as-is", tax lot maps. Given this, any claim staff has
made, or will make, regarding the use of the city limit lines to assist in locating the subject
property on the Metro Plan diagram is in error.
The second discrepancy is the conflict between two statements in staffs narrative regarding
"accuracy." In the first statement, staff says 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)." Staff then says that although multiple referents in this case do
not align it is still "...preferable to use multiple map referents even if they do not line up with
100% accuracy."So, what is staff saying? They profess the need for accuracy but if
accuracy is not possible, as it's not in this case, then something less than accurate is okay.
Can't have it both ways. They certainly did not make a case that multiple referents are better.
Applicant's Response to the LHVC Submittal, Dated September 28, 2016
1. Applicant's Allegation 1: The LHVC Metro Plan Diagram vs. Applicant's True Copy.
In response to LHVC comments regarding the True Copy, see our statement above under
"Applicant's Response to the Eugene Planning Memorandum, Dated September 28, 2016, 1. Metro
Plan Used by LHVC."
Schirmer Satre Group 9 375 West 41h Avenue, Suite 201, Eugene, OR 97401 . (541) 686-4540
LaurelRidge Page 6 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5. 2016
In response to LHVC comments regarding pixels, please refer to the enclosed letter from Branch
Engineering, dated October 5, 2016.
In response to LHVC comments regarding the 1,200 dpi resolution of their copy of the Metro Plan
diagram, please note that staff says that the resolution was 600 dpi.
2. Applicant's Allegation 2: It is Impossible to Use More Than One Referent at a Time.
LHVC presented two arguments under the heading "Applicant's Allegation 2: It is Impossible to Use
More Than One Referent at a Time." The first is in regards to what was used and how they created
the diagrams in their September 28, 2016 submittal. The second is in regards to how the various
referents can, or cannot, align. The applicant addresses both of these arguments below.
A. LHVC's Maps Included with their September 28, 2016 Submittal.
LHVC used a scan of a copy of a PDF of the surveyor's map. They then overlaid that onto a scan
of a copy of a PDF of the applicant's map. They then "adjusted" that overlay by changing the
scale and rotation, creating a diagram another generation removed from the original. They then
added another scan of a copy of a PDF onto this new drawing, moved that new layer around,
creating another diagram another generation removed from the original. Really? So how
accurate is this? Scans? PDFs? Adjusting, scaling and rotating? Ever see the movie
'Multiplicity?' Everyone knows that a copy of a copy is not as sharp as the original. Successive
generations result in distortion and degradation.
B. How the Various Referents Do, or Do Not, Align.
After scanning, overlaying, scaling and rotating, LHVC stated that there is no perfect alignment.
(Gosh, that's just what the applicant said.) LHVC then stated, just as staff said, that if you can't
have accuracy, then it's okay to settle for something less.
3. Letter from Jan Wostmann.
The stated purpose of Jan Wostmann's September 28, 2016, letter is to get on the record a city staff
estimate of the POS acreage. As stated in the letter, the city used GIS data. It is fine that this
acreage calculation is now on the record. But it is irrelevant. It is irrelevant, first, because it has been
demonstrated that GIS data is not accurate and, second, because acreage is not a criterion for zone
change approval.
4. Letter from Sean Malone.
There were six sections to Mr. Malone's letter. Each is addressed (as A through F) below.
A. The applicant is incorrect to continue to allege that LHVC map 9/2115-04 is based on the
electronic version.
Mr. Malone's letter opens with a series of statements regarding the Metro Plan diagram used in
LHVC Sheet 9/2/15-04. See the applicant's statement above under "Applicant's Response to the
Eugene Planning Memorandum, Dated September 28, 2016, 1. Metro Plan Used by LHVC."
B. LUBA directed that the Hearing Official to consider the city limits, Spring Boulevard, and the
"green finger."
Schirmer Satre Group • 375 West 4th Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540
LaurelRidge Page 7 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5, 2016
Mr. Malone then reminds everyone that LUBA directed the Hearings Official to consider the city
limits lines. As stated above, a key word here is "consider." LUBA directed the HO to consider
the city limits. LUBA did not mandate that the city limits lines be used. As has been stated
repeatedly, and demonstrated conclusively, the city limit lines west of the subject property, those
which are the subject of this discussion between all parties on the record, are NOT surveyed
lines. They are lines traced from tax lot maps which were obtained as GIS data from other
sources, including the city and LCOG. GIS data is not accurate. The city limits were not
surveyed. They cannot be used.
C. The applicant's new maps (ZC-4A through D) are not responsive to LUBA's remand.
Mr. Malone then states that the goal is accuracy, not perfection. In response, if one wants
accuracy, then one must rely on actual surveyed data. Not GIS data, not traced linework, but
actual, verified, documented surveyed data. The applicant is the only party on the record which
has submitted surveyed data. The subject property boundary has been surveyed. The location
of all of the cited referents have been surveyed.
D. LHVC's prior submitted map and newly submitted map are the most accurate maps before the
Hearing Official.
The applicant has previously documented, in great detail, how the LHVC Sheet 9/2/15-04 is NOT
accurate. This documentation was included in the applicant's open record submittal dated
September 28, 2016. For convenience, a portion of that testimony is repeated here. (Refer to the
applicant's open record submittal, dated September 28, 2016, for the full text.)
Excerpt from Applicant's Open Record Submittal, dated September 28, 2016:
B. A COMPARISON OF LHVC 912/15-04 AND ACTUAL SURVEYED DATA
This document lists the inconsistencies on the map LHVC 912115-04 which opponents assert is the
more accurate location of the boundary between the two land use designations.
LHVC 912115-04 (what makes up this original exhibit)
• Adopted 2004 Metro Plan scanned by the City of Eugene from a book they have in the office
that contains the Metro Plan (not scanned from the original document kept on file at the city
recorder's office).
• Schirmer Satre Groups ZC-2 (dated 5-15-2015).
Note: We have no direct knowledge of the methodology used to assemble this sheet however
what we do know is LHVC did not have access to an ACAD version of the surveyed line work.
They would have had to make a copy of the line work from the paper or PDF plans submitted
initially which necessarily makes the data a raster images (pixelated, less clear).
This non-A CAD (pixelated /raster) version would then have to be merged with the scan of the
Metro Plan.
The inherent accuracies in that methodology are evident when taking a close look at this sheet.
2. What We Found (letters on drawing correspond to the following comments)
Drawing ZC-4F
• When the drawing is scaled so that the bar scale in the lower right comer of the title block is
at exactly 1 "=200' then other lines within the drawing are not accurate.
Graphic Scale: 1 " = 200'
Schirmer Satre Group • 375 West 4 'h Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540
LaurelRidge Page 8 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5, 2016
A. North Property Line measures 3925.405' when in fact the survey indicates it is
3898.68'.
B. South Property Line measures 3189.69' when in fact the text on the line is 3164.95'.
Drawing ZC-4G
When the drawing is scaled so that the north property line (A) measures the same as the
survey text (3898.68) then the south property line (B) and the bar scale are not accurate.
Graphic Scale: I"= 198.44'
A. North Property Line measures 3898. 68' and the survey indicates it is 3898.68'.
B. South Property Line measures 3167.78' and the text on the line is 3164.95'.
Maps are only as good as the data used and the accuracy with which they can be assembled (or
not).
Sheet LHVC 912115-04 also contains inaccuracies because of the nature of the medium used to
assemble the maps. It is not that LHVC intentionally created maps that were inherently
inaccurate. There are simply limitations to accuracy based on limitations of the data used.
There is nothing more accurate than having original vector data (mathematical calculations from
one point to another creating a line) vs. raster (images made up of pixels as contained in Bit
Maps, PDFs, JPEGs and paint programs).
Vector graphics are resolution independent. Here is a picture that explains their accuracy better
The 4 plans submitted by the applicant at the public hearing on 9.21.16 (ZC-4A, ZC-4B, ZC-4C
and ZC-4D) are examples of plans that used a raster image for the Metro Plan (the official
adopted plan is on paper and therefore could only be a raster image) merged with the surveyed
referents (ACAD vector data).
It is the most accurate method of merging the Metro Plan with the surveyed referents.
Schirmer Satre Group . 375 West 41" Avenue, Suite 201, Eugene, OR 97401 • (541) 686-4540
LaurelRidge Page 9 of 10
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
October 5. 2016
We submitted a metes and bounds description that corresponds to the line that separates the
two land use designations. It was included in the applicant's open record submittal from last
year's hearing process regarding this zone change application. See Exhibit O, dated 8-31-15.
End of Excerpt from Applicant's September 28, 2016, Open Record Submittal.
E. LHVC's maps are consistent with the applicant's SA7.0 map.
Mr. Malone's citation of the "Notes" from Sheet SA7.0 provide sufficient documentation that Sheet
SATO was constructed from inaccurate data. Specifically, this is as follows:
Sheet SA7.0 Notes
Accuracy
1.
Lot 70 1 property line based on a 6.27.20 II draft
The data described by Note 1 is the ONLY
survey by Branch Engineering. Other lot lines
surveyed data on the entire sheet.
based on RLID [Regional Land Information
Database) database.
2.
City limits and urban growth boundary digitized
GIS digital information obtained from LCOG.
manually based on 6.3.20 II LCOG [Lane
Council of Governments) map.
3.
LiDAR data received from LCOG on 7.5.20 11
GIS digital information obtained from LCOG. The
and processed to align with survey in note 1.
data was 'processed', meaning that its alignment
and scale was modified to fit the other date as the
overall data assembly was occurring.
4.
Goal 5 data acquired digitally and processed to
GIS digital information obtained from LCOG. The
align with survey in note 1.
data was 'processed', meaning that its alignment
and scale was modified to fit the other date as the
overall data assembly was occurring.
5.
2009 aerial photo acquired from USDA NA IP
GIS digital information obtained from LCOG. The
program and processed to align with survey in
data was 'processed', meaning that its alignment
note 1.
and scale was modified to fit the other date as the
overall data assembly was occurring.
As the applicant has previously stated, Sheet SA7.0 was generated very early on in the project. It
was one of the first assemblages of in-process information, compiled as the information was
obtained. The purpose of Sheet SA7.0 was to begin to illustrate a general picture of the property
and its conditions. Sheet SA7.0 was not generated for the zone change application. It has never
been part of the zone change application. Oh, and Sheet SA7.0 also used the incorrect Metro
Plan diagram. Sheet SA7.0 did NOT use the adopted Metro Plan diagram.
F. The surveyor information submitted by applicant provides little to no new information.
Really? No new information? To the previously generated subject property boundary survey and
301h Avenue centerline the applicant's surveyor added the surveyed locations of all of the cited
referents, including the green finger, the centerline of Spring Blvd and Bloomberg Park.
There was plenty of new information in the surveyor's map.
What Mr. Malone should have said is that neither LHVC nor Mr. Malone presented any new
information at the hearing on September 21, 2016. (Nor did they submit any new information in
their open record submittal of September 28, 2016.)
Applicant's Conclusion and Recommendation
Schirmer Satre Group • 375 West 4'' Avenue, Suite 201, Eugene, OR 97401 . (541) 686-4540
LaurelRidge
Zone Change Application (Z 15-5)
Eugene Hearings Official - Remand Hearing - Rebuttal Period - Applicant Testimony
Page 10 of 10
Again, GIS data is NOT accurate, the much-cited city limit lines west of the subject property are NOT
surveyed lines, and applicant drawing SA7.0 is NOT accurate, did NOT use the correct Metro Plan
diagram, and is NOT part of the zone change application. (By the way, in the world of surveying, GIS
means "Get It Surveyed.")
The city has NOT submitted any surveyed data of their own. LHVC has NOT submitted any surveyed
data of their own. Only the applicant has submitted survey data; data which accurately locates multiple
referents in relation to the subject property.
The city and LHVC have relied on tax lot maps and city limit lines, neither of which are on the Metro Plan
diagram and neither of which are surveyed information.
The only reliable data on the record which locates the subject property on the Metro Plan diagram is the
applicant's data, the applicant's Exhibit L, which was previously approved by the Hearings Official, and
upheld by the Planning Commission. As the applicant stated last week, the applicant believes that the
Hearings Official got it right the first time, that the applicant's Exhibit L, Adopted 2004 Metro Plan Map:
Rotated, dated 5-15-2015, revised 9-2-15, is the best representation of the subject property's location on
the Metro Plan diagram. The applicant believes that, with the additional documentation provided during
this remand hearing process, that the Hearings Official can reach the same conclusion.
This remand hearing is all about the boundary line between two land use designations. To date, with the
record now closed, neither the city nor LHVC have submitted a boundary line, nor a legal description of a
line. Only the applicant has done so. This is further evidence that the Hearings Official can approve the
applicant's zone change application, declaring Exhibit L as the correct alignment of the subject property
on the Metro Plan diagram.
This concludes the applicant's rebuttal testimony. In advance, thank you for your consideration of this
material.
Sincerely,
M. Sa~r&
Richard M. Satre, AICP, ASLA, CSI, Principal
Schirmer Satre Group
Enclosed:
Figure 1. Applicant-annotated Figure 1 from City of Eugene Memorandum to the Eugene Hearings
Official, dated September 28, 2016.
Figure 2. Applicant-annotated Figure 2 from the same memorandum.
Figure 3. Applicant-annotated Figure 3 from the same memorandum.
Figure 4. A to-scale full size plot from the actual CAD file used to generate Figure 2, showing the then-
consultant's GIS and LiDAR data in comparison with actual surveyed data.
Figure 5. Letter from Branch Engineering, Metro Plan LaurelRidge Zone Change (Z-15-5), dated October
5, 2016.
Figure 6. City of Eugene GIS Disclaimer.
Figure 7. Lane County Digital Product Disclaimer.
Figure 8. LCOG Disclaimer.
Figure 9. RLID Disclaimer.
Schirmer Satre Group • 375 West 4 'h Avenue, Suite 201, Eugene, OR 97401 . (541) 686-4540
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Figure 5
Branch
HotINEERING=
Since 1977
October 5, 2o16
Rick Satre
Schirmer Satre Group
375 W 4th Ave #201
Eugene, OR 97401
RE: METRO PLAN ALIGNMENT
LAURELRIDGE ZONE CHANGE (Z 15-5)
Branch Engineering Inc. Project No. 11-o68:2d
.,Received
OCT 05 2016
City of Eugene
Planning Division
Dear Rick,
This letter provides information for your use when merging and/or comparing Branch
Engineering's survey data with data from other sources. The survey data referred to is our map
dated September 20, 2016 titled "Exhibit Map Laurel Ridge Zone Change (Z15-5)"•
Scaling Accuracy
When taking a measurement from a paper map, the effect of the drawing's scale needs to
be taken into consideration. A large scale drawing (such as 1"=20') will support more accurate
measurements than a small scale drawing (such as 1"=1000'). This is due to a number of probably
very obvious factors, the most important of which is the eye's ability to discern fine measurements.
In the context of the application submittals to date, this is relevant to both Mr. Schlieder's
assertion in his September 28, 2016 letter that I incorrectly scaled the pixels at 15' instead of 17.5'
and the city's measurement of 850' from site to city limits in their September 28, 2016 letter.
The city took measurements from a paper copy of "Zone Change: Subject Property", sheet
ZC-2, dated May 15, 2015. This drawing has a scale of 1"=200' which means that 1'=0.005". By
my measurements on this map, the property line scales as having a width of 15' and the city limits
line a width of 5'. It is well known that on the ground neither of these lines has a width so the first
potential for inaccuracy is estimating the center of the two lines. Once this is done to the best of
the person's ability, the second opportunity for inaccuracy arises: the resolution of the naked eye.
I do not know the scientifically accepted value for the resolution of the naked eye, but I have
personally never felt able to accurately identify a measurement of less than half of the distance
between ticks on an engineer's scale; for 1"=200' half the distance between ticks is 5'.
A similar conversation exists around the scaling of pixels from the drawing titled "Zone
Change: Metro Plan Diagram on Subject Prop", sheet ZC-4, dated May 15, 2015. The drawing has
a scale of 1"=200' which means that 1'=0.005". This is the same scale as the map discussed above.
As mentioned there, I do not know the scientifically accepted value for the resolution of the naked
eye; I rather doubt the naked eye can discern 0.0025" for the 0.5' accuracy Mr. Schlieder seems
to feel capable of. Put another way, Mr. Schlieder apparently feels able to accurately identify
EUGENE-SPRINGFIELD SALEM-KEIZER
310 5th Street, Springfield, OR 97477 1 p: 541.746.0637 1 f: 541.746.0389 1 www.branchengineering.com
Metro Plan Alignment
October 5, 2016
fractions of 1/20th the distance between measurement ticks which, for 1"=200' scale, are 0.05"
apart on an engineer's scale.
GIS
Geographic Information Systems (GIS) is primarily an inventory database in visual
format. As such, it is intended to be conceptual, not exact, so will have a lower accuracy than
many other data sources. This is well represented by the City of Eugene's GIS disclaimer, located
at https://www.eu-gene-or.90V/1',I.r,2/--Mal)s-and-GIS-Disclaimer, which is copied here:
GIS Disclaimer
The maps and data available for access from the City of Eugene are provided "as is"
without warranty or any representation of accuracy, timeliness or completeness. The
burden for determining accuracy, completeness, timeliness, merchantability, and fitness
for or the appropriateness for use rests solely on the user accessing this information.
The City of Eugene makes no warranties, expressed or implied, as to the use of the maps
and data available for access at this website. There are no implied warranties of
merchantability or fitness for a particular purpose. The user acknowledges and accepts
all inherent limitations of the maps and data, including the fact that the maps and data
are dynamic and in a constant state of maintenance, correction and revision. Any maps
and associated data for access do not represent a survey. No liability is assumed for the
accuracy of the data delineated on any map, either expressed or implied.
Comparisons
Using comparative measurements between two or more data sources can be an
informative exercise but does not always provide conclusive evidence. Although the same
measurement may come from both sources, it doesn't guarantee the accuracy of any source; it
simply shows that they are based on similar data and have similar levels of accuracy.
Please feel free to let me know if there are any questions about the survey data or this
letter.
Sincerely,
Renee Clough Digitally signed by Renee Clough
Date: 2016.10.05 10:12:52 -07'00'
Renee Clough, PLS, PE, AICP
Principal
Branch Engineering Inc.
Branch Engineering, Inc.
Page 2 of 2
/laps and GIS Disclaimer I Eugene, OR Website
Maps and GIS Disclaimer
Figure 6
.-Received
OCT 05 2016
GIS Disclaimer
The maps and data available for access from the City of Eugene are
provided "as is" without warranty or any representation of accuracy,
timeliness or completeness. The burden for determining accuracy,
completeness, timeliness, merchantability, and fitness for or the
appropriateness for use rests solely on the user accessing this
information.
The City of Eugene makes no warranties, expressed or implied, as to
the use of the maps and data available for access at this website. There
are no implied warranties of merchantability or fitness for a particular
purpose. The user acknowledges and accepts all inherent limitations of
the maps and data, including the fact that the maps and data are
dynamic and in a constant state of maintenance, correction and
revision. Any maps and associated data for access do not represent a
survey. No liability is assumed for the accuracy of the data delineated
on any map, either expressed or implied.
Contact Us
City of Eugene
125 E. 8th Avenue
2nd Floor
Eugene, OR 97401
Ph: 541-682-5010
Fx: 541-682-5414
_.hare
ittps://www.eugene-or.gov/1352/Maps-and-GIS-Disclaimer
City of Eugene
Planning Division
9/30/201(
Figure 7
LANE COUNTY INFORMATION SERVICES
DIGITAL PRODUCT DISCLAIMER and PERMITTED USE
Any user of this digital product accepts no warranties and expressly waives any implied warranties as to
fitness, merchantability, design, construction, condition, specifications or performance.
The County of Lane disclaims, and shall not be held liable for, any and all damages, loss or liability,
whether direct, indirect, or consequential, that arises or may arise from this product or the use thereof by
any person or entity.
The user of this digital product hereby agrees to, and shall, indemnify, hold harmless, and defend the
County of Lane against any and all claims, causes of action, losses, damages, attorney fees, expenses
(including any attorney fees incurred by the County of Lane) that may be sustained or asserted against
the County arising from, or in any way connected to, its use by the user, and any of the users, officers,
employees, agents, assigns, and successors.
Current configurations and/or designations for specific parcels should always be confirmed with the
appropriate jurisdiction(s).
Permitted Use:
The digital data are for the use of the user only in its lawful business activity and for no other purpose
whatsoever, and are not to be redistributed. User can provide read-only access to the product by other
persons through the means of the Internet or Intranet provided the following Lane County disclaimer is
made available to the Internet user.
"The information provided by Lane County, Oregon has been developed to support county business. This
product is for informational purposes and may not have been prepared for, or be suitable for legal,
engineering, or surveying purposes. Lane County is not responsible for possible errors, omissions,
misuse or misinterpretation."
Signed:
User/Agency:
Please return a signed original of this form to:
Lane County Information Services
Attention: GIS
3040 N. Delta Hwy.
Eugene, OR 97408
Date:
Received
OCT 0 5 [Oio
City of Eugene
Planning Division
"Received Figure 8
OCT 0 5 2016
DIGITAL GEOGRAPHIC INFORMATION SYSTEM DATe
ORDER FORM & LICENSE AGREEMENT ]ty of Eugene
Planning Division
Lane Council of Governments (LCOG) is providing the requested digital GIS data for the exclusive use of the
requestor, for the specific project described below. This geographic information is part of a geographic data base
that is confidential and exempt from public disclosure under ORS 190.050. No further distribution or second party
use of this data is authorized without the written approval of LCOG.
Complete this form and send to attention of LCOG Storefront (phone 541-682-4467, fax 541-682-2635).
1. Company, Agency or Individual (Requestor):
2. Address:
3. Contact Person: Phone #/Ext:
4. Project Name:
5. Brief Description of Project:
6. Area of Interest:
7. List Data Layers:
8. Intended Use of Data:
9. File Format (e.g. Shapefile, DXF, E00, TIFF or other):
TERMS OF AGREEMENT
Requestor assumes all responsibility for the use of this product and agrees to hold harmless LCOG against
any loss or damage arising from any error, omission or positional inaccuracy of this product.
The parties to this agreement are the agency or business firm requesting the digitally compiled spatial data who are
also the end user of the data (referred to as Requestor) and LCOG. By signing this agreement, Requestor agrees to
be bound by terms of this agreement. Requestor understands that the digitally compiled Geographic Information
System data provided under this agreement is provided "as-is" without warranty of any kind, either expressed or
implied, including but not limited to implied warranties of fitness for a particular purpose. The relative accuracy and
absolute accuracy of this product are not guaranteed by LCOG. Requestor agrees that LCOG liability whether in
contracts, in tort (including negligence), in strict liability or otherwise shall not exceed the return of the license price
and under no circumstance shall LCOG be liable for any special, incidental or consequential damage, including
personal injury, property damage, damage or loss of equipment, lost profit or revenue, cost of renting replacement
and other additional expenses, even if LCOG has been notified of the possibility of such damages. THE LICENSE
TO USE THIS DATA SHALL BE LIMITED TO USE ON THE PROJECT SPECIFIED IN THIS AGREEMENT.
ANY OTHER USE FOR ADDITIONAL PROJECTS SHALL BE SUBJECT TO RELICENSING.
10. Project Manager (name and title):
11. Signature (required):
Date:
2/15/2007
Figure 9
Richard Satre
From: BRANDT Eric <EBRANDT@Icog.org>
'Received
Sent: Monday, October 03, 2016 10:29 AM
To: Richard Satre
Subject: RE: LCOG Disclaimer?
OCT 0 5 2016
Categories: Planning Project
City of Eugene
Planning Division
Hi Richard,
Thanks for checking-in on this. We've included standard disclaimer language along with metadata and usage
information throughout the pages of the RLID website-click on the links (i re
d boxes) as shown in the example
below.
R
Maps
Here is the initial content for this disclaimer:
RLID contains maps in a variety of forms. For example, maps appear on every detailed property report
(DPR) as well as on the comp sales report and in Lane Maps.
The information on these maps was derived from digital databases in the regional geographic information
system (GIS). Where feasible, the GIS data on which these maps are based is maintained and published in
a timely fashion in order to keep it in synch with the other data content in RLID. Care was taken in the
creation of these maps, but they are provided "as is". LCOG cannot accept any responsibility for errors,
omissions, or positional accuracy in the digital data or the underlying records. Current designations (e.g.,
zoning) for specific parcels should be confirmed with the appropriate jurisdictions. There are no warranties,
expressed or implied, accompanying these maps, however, notification of any errors will be appreciated.
There is also a brief disclaimer statement included in the splash screen that displays upon launch of the main
mapping applications in RLID (see below):
LANE COUNCIL OF GOVERNMENTS
War,dng Together Sor Our Conomu nftV
Initializing Components. Please Wait._.
i her sr= na wsrrsme , exFr?s or imnl ao, inda-Jing tt c v.wr rly
cS mErchsnLsdri?r cr Rn_ss fur a ps-mular p:jn3A i scoamps-Iicg
iEue _Re cr eny display crvdud or r pnri derived fr+m lhi= slfe. Th=
sppli,-Lure N eleniled For c e~~ce oriy fT7.fb- 3ton 4l m appEax=
in tnL__ppltwaton my or may not iae.acura:°, G;-7rant, cr
oLhsm° aTPJia&__
l PEr~ IS NGT TO H_ 61st Ff-7-q MdWir
HIS ,-1-10% OR FOF.
LEGAL PLrFYPD£~'
Th appG ;7cn u_ = I't-MiTtSed Gaz=r1____ teahna'a.gy fnr
Es-tt AmSI> Sm,=- A, I T ghts reseryad
There is an overall disclaimer link on the RLID home page as well but it sounds like your interest is specific to map
and imagery references. Please feel free to follow-up with me if you have something more specific in mind. For
example, we have standard language on our hard copy maps and the initial disclaimer above is a variation of
this. Eric
Eric Brandt, GISP
RLID/GIS Services Program Manager
Lane Council of Governments
859 Willamette Street, Suite 500
Eugene, OR 97401
541-682-4338
ebrandt@lcog.org
http://www.Icog.org
From: Richard Satre [mai Ito: rick@schirmersatre.com]
Sent: Friday, September 30, 2016 3:43 PM
To: BRANDT Eric
Subject: LCOG Disclaimer?
Hello, Eric. Our paths haven't crossed in a while. I hope all is well with you. I am looking for some sort of a standard
disclaimer that LCOG may have regarding its maps, GIS data, aerial photos, etc. Is there such a disclaimer
statement? If so, could you send a copy to me? Thanks!
Sincerely,
Richard M. Satre, AICP, ASLA, CSI
Schirmer Satre Group
Planners, Landscape Architects and Environmental Specialists
375 West 4th Avenue, Suite 201, Eugene, Oregon 97401
(541) 6864540 `Fax (541) 686-0577' www.schirmersatre.com
This message is for the sole use of the intended recipient(s) and may contain certain confidential or privileged information. Any unauthorized use, disclosure or distribution is
prohibited. Ifyou received this message in error, immediately advise the sender by reply email and destroy this message. Thank you..
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