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CITY OF EUGENE <br />INTER - DEPARTMENTAL MEMORANDUM <br />CITY ATTORNEY - CIVIL DEPARTMENT <br />To: Mayor and City Council Date: September 13, 2006 <br />Subject: LUBA's Decision Regarding the PROS Comprehensive Plan <br />CONFIDENTIAL ATTORNEY /CLIENT COMMUNICATION — NOT <br />SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT <br />On February 13, 2006, Council adopted the Parks, Recreation and Open Space <br />Comprehensive Plan (PROS Plan). Home Builders Association of Lane County appealed Council's <br />action to the Land Use Board of Appeal's (LUBA) alleging ten defects. Last month, LUBA issued <br />a decision remanding the matter back to the City. In doing so, LUBA rejected six of Home Builders' <br />arguments, refused to consider two of them, and remanded based on two overlapping arguments. <br />The overlapping arguments that caused LUBA to remand Council's adoption of the PROS <br />Plan deal with the question of whether the PROS Plan can be an aspirational plan, or must be <br />adopted as a refinement plan. LUBA summarized this part of its decision as follows: <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. (Footnote added). <br />'Metro Plan's Parks and Recreation Facilities Policy H.2. That policy provides: <br />Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated <br />on a metropolitan level. The parks standards adopted by the applicable city and incorporated into the <br />city's development code shall be used in local development processes. <br />00152286.WPD;2 <br />