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LAW OFFICE OF BILL KLOOS, PC <br /> 576 OLIVE STREET, SUITE 300 <br /> OREGON LAND USE LAW EUGENE, OR 97401 <br /> PO BOX 11906 <br /> EUGENE, OR 97440 <br /> TEL (541) 343 -8596 <br /> FAX (541) 343 -8702 <br /> E -MAIL BILLKLOOS @CONTINET.COM <br /> MEMORANDUM <br /> From: Kim O'Dea and Bill Kloos <br /> Date: July 10, 2001 <br /> Re: Ridgeline Park and Land Use Compliance <br /> To: Ridgeline Park File <br /> Issue: The City of Eugene has been acquiring land outside the city and outside the UGB for <br /> expansion of the Ridgeline trail. How can such lands be used for public park purposes consistent <br /> with applicable land use laws? <br /> Summary: These lands are outside the city's land use jurisdiction and wholly within the land use <br /> jurisdiction of Lane County. Most of these lands are zoned by the County for resource use, either <br /> for Exclusive Farm Use or for Forest. In either event, a special use permit from the County is <br /> required make public park use legal. <br /> Eugene Parks and Recreation Plan (EPRP) (1989): The EPRP map and the "South Hills <br /> Policies" therein indicate the City intends to acquire land in rural Lane County in order to extend <br /> the Ridgeline Trail west to the Willow Creek Natural Area. The conceptual map in the plan <br /> shows an alignment for the trail that is outside the city, outside the UGB, and outside the Metro <br /> Plan area. It is shown in rural Lane County. The text of the plan, however, makes it clear that <br /> the map is not a binding depiction of the exact future alignment. <br /> Lane County Parks Master Plan (LCPMP)(1980): The LCPMP is an element of the Lane <br /> County Comprehensive Plan. See page 4 of the LCPMP. It is the guiding document for park <br /> development in rural Lane County. The Ridgeline Trail is not mentioned in the LCPMP. There <br /> are policies in the plan that encourage the development of parks and trails near the Eugene UGB. <br /> There area also policies encouraging joint park efforts between the City and the County. <br /> However, there are no agreements between the City and the County that allow the City to do park <br /> planning for the County. <br /> One of the purposes of the LCPMP is to demonstrate county compliance with Statewide Planning <br /> Goal 8, Recreational Needs. LCPMP at 4. Neither the Ridgeline Trail nor its proposed <br /> extension to the west is mentioned in the acknowledged county comprehensive plan, Goal 8 <br /> section, or its supporting working papers regarding Goal 8. <br /> Jurisdiction and zoning: Based on the above, the existing and proposed segments of the <br /> Ridgeline Trail outside the Eugene UGB are subject to Lane County land use jurisdiction. The <br /> area of the existing and proposed trail is predominantly in areas planned for Agriculture and <br /> 1 <br />