New Search
I C. The PROS Plan is the City's Local Parks Plan. <br />2 While the findings in support of the PROS Plan state that the Plan fulfills some of the <br />3 policies of the Metro Plan, such a fact does not in any way undermine the clarity of the City's <br />4 action. Policy of the Metro Plan's Parks and Recreation Facilities Element states: "Local parks <br />5 and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a <br />6 metropolitan level." (App. 8). The City's adoption of the PROS Plan does fulfill Metro Plan, <br />7 Parks and Recreation Facilities Element, Policy 2. By fulfilling a policy of the Metro Plan the <br />8 PROS Plan does not become an "element" of the Metro Plan or create any inconsistencies or <br />9 uncertainty regarding the intent behind the City's very clear actions. <br />10 3. Conclusion. <br />11 The City's action regarding the adoption of the PROS Plan was clear and supported by <br />12 consistent findings. LUBA should deny Petitioners' first assignment of error. <br />13 B. Response to Second Assignment of Error <br />14 The City's adoption of the PROS Plan to serve as the City's local park and <br />recreation plan was a land use decision. <br />15 <br />16 The Petitioners' second assignment of error asserts that the "law that applies requires the <br />17 PROS Plan to be a land use plan." (Pet. Br. 17). Again, Petitioners use the term "land use plan" <br />18 as though it is a term of art; yet, the City is unable to find any definition of the term "land use <br />19 plan" in either state or local law, and Petitioners provide no guidance as to their intended <br />20 meaning of the term. The City adopted the PROS Plan in accordance with state and local land <br />21 use decision making processes. To the extent that Petitioners are arguing that adoption of the <br />22 PROS Plan was a land use decision; the City agrees with Petitioners on that fact. (Rec. 12 -21, <br />23 325 -327). <br />24 As stated in the findings adopted in support of Resolution No. 4858, the City intended <br />25 the PROS Plan to be the City's local park and recreation plan anticipated by Policy 2 of the <br />26 Metro Plan, Parks and Recreation Facilities Element. (Rec. 18). The Metro Plan does not <br />I <br />I <br />j Page 9 - BRIEF OF RESPONDENT <br />