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LAW OFFICE OF BILL KLOOS, PC <br /> <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 (5411 343-8702 <br /> E-MAIL BILLKLOOS~LANDUSEOREGON.COM <br /> <br /> June 22, 2004 <br /> <br /> Metro Area Elected Officials <br /> c/o Lane Council of Governments <br /> 99 East Broadway, Suite 400 <br /> Eugene, OR 97401 <br /> <br /> Re: Metro Plan Text Amendments; Public Facilities and Services Plan Amendments <br /> June 22, 2004 Joint Public Heating <br /> <br /> Dear Elected Officials: <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.] <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 Vallev Assoc. v. Washington County, 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, unamended plan provisions apply to plan amendments, because plans <br /> have to be internally consistent. South of Sunnyside Neighborhood League v. Bd. of <br /> Comr's of Clackarnas County, 280 Or 3, 13 (1977); ORS 197.015(5). <br /> <br /> 2. Planning Period: The 2025 planning horizon for the Wastewater Primary 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-acknowledgment plan amendments (PAPAs). My clients request notice <br /> of the final decision of each local government on this matter, as required by ORS 197.615. <br /> <br /> ATTACHMENT <br /> 2-1 <br /> <br /> <br />