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LAW OFFICE OF BILL KLOOS~ PC . <br /> <br /> OREGON LAND USE LAW'. ... 576 OLIVE STREET, SUITE 300 <br /> 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@LANDUSEOREGON.COM <br /> <br /> April 2.0, 2004 <br /> <br /> Metro Area Planning Commissions <br /> c/o Lane Council of Governments <br /> 99 East Broadway, Suite 400 <br /> Eugene, OK 97401 <br /> <br /> Re: Metro'Plan Text Amendments; Public Facilities and Services Plan Amendments <br /> April 20, 2004 Joint Public Hearing <br /> <br /> Dear Commission Members: <br /> <br /> Please accept this letter on behalf of the Home Builders Association of Lane County and its <br /> subsidiary, the Home Builders Construction Company.i <br /> <br /> 1. What standards apply. <br /> <br /> The standards that apply to these proposed plan amendments are foUnd in 'several locations: <br /> <br /> · State statutes apply. Statutes always apply to local governments' land use decisions. <br /> .McKa¥ Creek l"allev,4ssoc, v. g~ashington Count_, 18 Or LUBA 71, 75 (1989) <br /> (acknowledgment of plan and code leaves statutes directly applicable). <br /> <br /> · Statewide Planning Goals, ORS 197.175(2)(a). <br /> <br /> · LCDC Rules implementing the statutes and the goals' apply, for the same reasons that the <br /> statutes and goals apply. <br /> <br /> · Acknowledged, mended plan provisions apply to plan amendments, because plans <br /> have to be internally consistent. South of Sunnyside Neighborhood League v. Bd. of <br /> Corot's of Clackamas County, 280 Or 3, 13 (1977); ORS 197.015(5). <br /> <br /> 2. Planning Period: The 2025 planning horizon for the Wastewater PHmary Collection <br /> System is inconsistent with and not coordinated with the planning period for the balance of <br /> the Metro Plan. ' <br /> <br /> Both the Metro Plan and the Public Facilities and Services Plan ('PFSP) amendments propose a <br /> <br />1 The proposed amendments, if adopted, will be post-ackn0wledgmem plan amendments (PAPAs). My clients request notice <br />of the ~ decision of each local government on this matter, as required by ORS 197.615. ~. ~ ~.~ ~ <br /> <br /> 2-6 <br /> <br /> <br />