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Item A - PH on MWMC/Metro Plan
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Item A - PH on MWMC/Metro Plan
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6/9/2010 12:57:24 PM
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6/17/2004 8:20:59 AM
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Agenda Item Summary
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6/22/2004
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ORS 223.314· provides: <br /> ~The establishment, modification or implementation of a *** a~ <br />plan or list adopted pursuant to ORS 223.309, or any modificatioh <br />of a plan or list, is not a land use decision pursuant to ORS <br />Chapter 195 and 197." <br /> <br />Therefore, requiring the inclusion of MWMC's 20-year'project list <br />in the PFSP would be inappropriate. <br /> <br />4~ The proposed amendments comply with a~plicable <br /> a~m~nistrative rules; both the Metro Plan and PFSP, <br /> with ~he proposed changes, satisfy all' planning <br /> requirements. <br /> <br /> A. PubliC'Facility Plan. <br /> <br /> Home Builders' recitation of various Oregon Administrative Rules <br /> that govern public facilities plans assumes that the proposed <br /> amendments are the complete plan. They are not. The complete <br /> plan is the entire Metro Plan Chapter III, Section G and the <br /> complete PFSP; Read in context, the Metro Plan and the PFSP <br /> include all the reqUirements recited by Home Builders from OAR <br /> 660-011-0010. The existing PFSP was enacted and acknowledged as <br /> 'in compliance with the statewide planning goals in 2002 as part <br /> of the region's comprehensive plan periodic review process. Even <br /> without the proposed amendments., the PFSP has been found, by <br /> virtue of being acknowledged, in compliance with Goal 11. The <br /> proposed amendments only bolster and augment the existing plan, <br /> they do not remove any critical elements of the plan· <br /> The complete inventory required by subsection (1) (a) is found in <br /> the existing PFSP. <br /> <br /> The plan includes a project list. The proposed amendments, read <br /> in the context of the existing plan, include a "list of <br /> significant public facility projects." Any contention that it <br /> does not is merely a restatement of Home-Builders' earlier <br /> argument that the proposed project list is not a ~project list," <br /> as they would define it. <br /> <br /> The plan includes cost estimates. The required ~rough cost <br /> estimates" are defined as ,approximate costs expressed in <br /> current-year (year closest to the period of public facility plan <br /> development) dollars. It is not intended that project cost' <br /> estimates be as exact as is required for budgeting purposes." <br /> OAR 660-011-0005(2). The cost estimates.provided are sufficient <br /> to satisfy the rule. <br /> <br /> Again, by looking at the entire PFSP as amended, the remainder of <br /> the r~quirements cited by Home Builders are also present: maps of <br /> 2-3 <br /> <br /> <br />
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