New Search
Planning Co September 13, 2006 Page 3 <br />aspirational, i. e., what elements of the Plan needed to be binding and whom the elements should bind <br />(City, developers, etc.). Regarding the City's action on remand, LUBA held: <br />In summary, we agree with petitioners that a PROS Plan that is a purely aspirational <br />document, which is binding on no one, is not sufficient to comply with Metro Plan <br />Parks and Recreation Facilities Element Policy H.2 and related provisions in the <br />Metro Plan Parks and Recreation Facilities Element. We also agree with petitioner <br />that at least some parts of the PROS Plan must be adopted as a Metro Plan <br />refinement plan. However, that begs the answer to a much more difficult question. <br />If the city is determined to adopt a document that is in part the bare minimum <br />refinement plan that the Metro Plan Parks and Recreation Facilities Element Policy <br />H.2 and related provisions require and in part a nonbinding or aspirational document, <br />what part must be adopted as a Metro Plan refinement plan? That question is for the <br />city to answer in the first instance on remand. <br />The only guidance LUBA offers is that, to answer the question, the City should consider the text of <br />related Metro Plan findings, objectives and policies. <br />II. Conclusion /Recommendation <br />Because the City's adoption of the PROS Plan was a legislative act, the City is not required <br />to act on remand within any specific time - frame. Home Builders has also appealed to LUBA the <br />City's adoption of the PROS Project and Priority Plan (the document containing the project tables <br />with priorities and cost allocations). Briefing in that appeal has not yet begun (we are waiting for <br />LUBA to resolve record objections filed by Home Builders). LUBA's decision in that related appeal <br />could impact the manner in which the City should act on remand regarding the PROS Plan. Thus, <br />we have advised staff that the City should delay action on remand until the appeal of the PROS <br />Project and Priority List is resolved. <br />HARRANG LONG GARY RUDNICK P.C. — <br />CITY ATTORNEYS <br />Ka hryn . rotherton <br />Emily N. Jerome <br />KPB:abm <br />cc: Susan Muir <br />Steven Nystrom <br />Johnny Medlin <br />00152287. WPD;1 <br />