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2006 PROS Plan - Legal Appeals
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2006 PROS Plan - Legal Appeals
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6/3/2014 12:14:45 PM
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Correspondence
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Parks and Open Space
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2006 PROS Plan Legal Appeals
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I some accommodation for parks in its residential BLI, are essentially dicta that follow the City's <br />2 ultimate conclusion that, since the PROS Plan does not remove any residential land from the <br />3 area's supply, the PROS Plan has no effect on the BLI. The first paragraph of the City's Goal <br />4 10 findings (quoted above) is all that is necessary to show consistency with the Goal. Even if <br />5 successful, Petitioners' challenge to the second paragraph of the City's Goal 10 findings is not <br />6 a basis for remand. <br />7 Further, to support their challenge, Petitioners ask LUBA to look outside the language <br />8 of the Metro Plan to consider language from a DLCD staff report apparently dated June 12,198 1. <br />9 (Pet. Br. 36 -37). A DLCD staff report is not a document of which LUBA can take judicial notice <br />10 and Petitioners do not request that LUBA do so. LUBA must disregard this portion of <br />11 Petitioners' argument and, as such, the City does not respond to it. <br />12 Petitioners have not shown that the City's Goal 10 findings are inadequate. As such, <br />13 Petitioners' tenth assignment of error must be denied. <br />14 K. Response to Eleventh Assignment of Error <br />15 The City did not exceed its planning jurisdiction under the Metro Plan nor did it <br />fail to coordinate with Lane County. <br />16 <br />17 The Petitioners' last assignment of error asserts that the planning area of the PROS Plan <br />18 conflicts with the Metro Plan and that the City, by extending the scope of the PROS Plan outside <br />19 the UGB, was required to coordinate with Lane County. The PROS Plan, which looks beyond <br />20 the City's boundaries as a means of meeting future park and recreation needs of the City's <br />21 residents, does not violate the Metro Plan. Further, the City properly coordinated with Lane <br />22 County. <br />23 1. The PROS Plan is Consistent with the Metro Plan. <br />24 Adoption of the PROS Plan did not amount to the City exercising any governmental <br />25 authority outside of Eugene's urban growth boundary (UGB) or outside the City's limits. To the <br />26 extent the PROS Plan has any regulatory effect at all, the Plan specifically states that it has no <br />Pate 30 - BRIEF OF RESPONDENT <br />
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