Resolution No. 4780 - Laserfiche WebLink

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0035(5)(c)(D), petitioners subassignment of error 2(d) is without merit, as LUBA suggests. Assif!nments of Error 5. 6. and 7 Petitioners argued that the City of Eugene and Lane County erroneously changed the designation of 'Protect' and 'Restore' wetlands at the western end of the Parkway to the 'Planned Transportation Corridor' designation without demonstrating that the changed designations comply with Goal 5 with respect to the Oak Hills Significant Vegetation and Wildlife site. Criterion on remand: OAR 660-023-0250(3)(b): "Local governments are not required to apply Goal 5 in consideration of a PAPA [post acknowledgment plan amendment] unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: * * * (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list[.]" LUBA's direction on remand: "Although it is not entirely clear, we understand petitioners to argue that the area now designated Planned Transportation Corridor crosses * * * protected Goal 5 significant vegetation and wildlife areas. * * * * * * * * * The maps from the WEWP and the Metro Plan are not sufficiently precise in the relevant delineations to confirm respondents' argument [that the Oak Hills Significant Vegetation and Wildlife Area lies outside the boundaries of the WEWP and is not affected by the WEWP amendments]. Another Map, entitled Figure D 3, Metro Plan Update, Natural Assets and Constraints Working Papers, Significant Vegetation & Wildlife Areas, appears to confirm respondents' position. However, petitioners object that respondents have not demonstrated that the map is a county' enactment' that is subject to official notice by LUBA. * * * Because respondents do not provide a basis for us to take official notice of that map, we do not do so. * * * 8