The URL can be used to link to this page

Home My WebLink AboutItem 14 Correspondence from Local Government Law Group Regarding Notice of Intent to Appeal LC Resolution Local Government Law Group - -- - - ,- -, SPEI;R HOYT PC ;' ~ -- _ - -. -~,- --, ,--.. _' : _~.:_ ~ .:. _ ' ,- Attorne sandCou'nselors'atLaw _~ _' " " ,;.c: _,," ,-_ ,,', 'd J. Kenneth Jones* Russell D. Poppe John A. Wolf Gwendolyn Griffith** Carolyn H. Connelly Christy K. Monson *Admitted in Washington ** Admitted in California 975 OAK STREET, SUITE 700 EUGENE, OR 97401 PHONE: 541-485-5151 FAX: 541-485-5168 www.speerhoyt.com Carolyn H. Connelly chc@soeerhovt.com Cheryl Clifton Legal Assistant chervl(ci)soeerhovtcom May 21,2008 CERTIFIED MAIL RETURN RECEIPT Land Use Boa of Appeals 550 Capito treet NE, Suite 2.35 egon 97301-2552 Notice of Intent to Appeal Dear Administrator/Clerk: Enclosed please find for filing an original plus two copies of the Notice of Intent to Appeal the Lane County Commissioner's adoption of Lane County Resolution No. 08-4- 30-12 on April 30, 2008, with attached copy of the decision and proof of service. Also, please find enclosed a check in the amount of $325 representing both the filing fee and deposit for this appeal, payable to the Land Use Board of Appeals. CHC:cc Enclosures cc: Mark Shrives, City of Creswell (w/enc.) David Clyne, ,City of Junction City (w/enc.) Gordon Zimmerman, City of Oakridge (w/enc.) Ric Ingham, City of Veneta (w/enc.) F:\1Clients\Muni\Veneta. City\POPULATlON FORECAST\L TR LUBA - Notice of Appeal.doc If!' BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON CITY OF CRESWELL, CITY OF JUNCTION CITY, CITY OF OAKRIDGE, CITY OF VENETA, v. LANE COUNTY, Petitioners, LUBA No. 2008- Respondent. NOTICE OF INTENT TO APPEAL I. Notice is hereby given that Petitioners intend to appeal Respondent Lane County's land use decision entitled Re~olution No. 08-4-30-12, In the Matter of Adopting a New Population Forecast for Lane County, attached as Exhibit A. This decision became final on April 30, 2008. II. Petitioners are represented by: Carolyn H. Connelly Local Government Law Group Speer Hoyt PC 97~ Oak Street" Suite 700 Eugene, OR 97401 Telephone: (541) 485-5151 III. Respondent: I I I I I I I I I Lane County 125 East 8th Avenue Eugene, OR 97401 Telephone: (541) 682-4203 NOTICE OF INTENT TO APPEAL PAGE 1 'J..' Is represented by: Stephen L. Vorhes _ - - - Lane County Office of Counsel-- 125 East 8th Avenue Eugene, OR 97401 Telephone: (541) 682-3739 IV. As indicated by Lane County's records, written notice of the land use decision was mailed to the following persons in addition to Petitioners: Mayor and City Councilors City of Coburg Box 8316 Coburg, OR 97408 Mayor and City Councilors City of Dunes City PO Box 97 Westlake, OR 97493 Mayor and City Councilors City of Florence Box 340 Florence, OR 97439 Mayor and City Councilors City of Springfield 225 North 5Ui Springfield, OR 97477 NOTICE Mayor and City Councilors City of Cottage Grove 400 Main Street Cottage Grove, OR 97424 Mayor and City Councilors City of Eugene 777 Pearl Street Eugene, OR 97401 Mayor and City Councilors City of Lowell PO Box 490 Lowell, OR 97452 Mayor and City Councilors City of Westfir City Hall Westfir, OR 97492 Anyone who desires to participate as a party in this case before the Land Use Board of Appeals must file with the Board a Motion to Intervene in this proceeding pursuant to OAR 661-010-0050. Oat ~ay 21, 2008 ~..' ,,// ,///. -.....- .. Carolyn H. Connelly, OSS Of Attorneys for Petitio e NOTICE OF INTENT TO APPEAL PAGE 2 EXHIBIT A Pl\,SSc0 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY, OREGON RESOLUTION NO. 08-4-30-12 IN THE MATTER OF ADOPTING A NEW POPULATION FORECAST FOR LANE COUNTY WHEREAS, Lane Council of Governments (LCOG) has prepared a population forecast for Lane County; and WHEREAS, LCOG and certain cities have petitioned the Board of County Commissioners (Board) to adopt the LCOG population forecast into the Lane County Comprehensive Plan; and WHEREAS, the preparation of the LCOG forecast followed a process, and resulted in conclusions, that are not necessarily the same as may have occu rred if the Board had initiated its own forecast; and WHEREAS, concerned citizens and consulting demographers Winterbrook Planning and ECONorthwest have provided' letters and testimony stating that in their opinion, the LCOG forecast is not legally defensible; and WHEREAS, the Board has reservations that the LCOG forecast can be made legally defensible, and does not wish to assume responsibility for a forecast performed by a different entity, under a different process than the Board may have followed; and WHEREAS, under ORS 195.036, Lane County has a statutory obligation, during the next periodic review of its comprehensive plan, to prepare and adopt a population . forecast for the County and all the urban areas therein; and WHEREAS, ORS 195.034 (HB 3436) provides an alternate population forecasting method that cities may use pri,or to the Board adopting a pCipulationforecast; and WHEREAS, the practical effect upon the cities of the application of ORS 195.034 does not appear to the Board to be materially different than if a Safe Harbor forecast were adopted under OAR 660-024-0030(4); and WHEREAS, Lane. Code 16.400(3)(b) provides that comprehensive plan components addressing a single or special need, such as population forecasts, are deemed "Special Purpose Plans";,and WHEREAS, Lane Code 16.400(9) provides that "amendments to Special Purpose Plans may only be initiated by the County", but others "may request the Board initiate such amendment"; and EXHIBIT A Page 1 of 2 ' "'./ WHEREAS, Lane Code 16.400(9) further provides that requests for Spedal Purpose Plan amendments "must set forth compelling reasons as to why the amendment should be considered at this time. rather than in conjunction with a periodic Plan update"; and WHEREAS. Lane Code 16.400(9) further provides that "an offer to participate in costs incurred by the County shall accompany the request" for a Special Purpose Plan amendment; and WHEREAS, the Board received a. request dated February 4, 2008,from ten Lane County cities to initiate a population forecast; however. the - request' did not comply with all the requirements of Lane Code 16.400(9). RESOLVED, that the LCOG forecast shall not be used. as the basis for.any future forecast; and FURTHER RESOLVED, that the Board intends to conduct a population forecast at the next periodic review of the Lane County Comprehensive Plan; and FURTHER RESOLVED. that the Board will entertain requests to conduct a forecast earlier than the next periodic review of the Comprehensive Plan, provided such requests comply with the requirements of Lane Code 16.400(9); and FURTHER RESOLVED, that .the County Administrator deliver a letter to all Lane County cities advising them of the foregoing. Adopted this 30th day of April . 2008. BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY, OREGON By: ~>l ~ -j- EXHIBIT A Page 2 of 2 CERTIFICATE OF SERVICE I hereby certify that, on May 21,2008, I caused to be served true and correct copies of this Notice of Intent to Appeal on all persons listed in paragraphs III and IV of this Notice, pursuant to OAR 661-010-0015(2), by first-class mail to the mailing addresses listed. -,- CERTIFICATE OF FILING I hereby certify that on May 21, 2008, I filed the original and two copies of this Notice of Intent to Appeal, together with a check for the filing fee and deposit for costs in the amount of $325, by registered or certified first-class mail to the Land Use Board of Appeals, at 550 Capitol Street NE, Suite 235, Salem, Oregon 97301-2552. , ,~ , , ' , . , . . . . . . .. . . . '. . .. '. . - '. , '. . , . . .' , , _w___:" -w~__,#_._._.__,._....:_.:.:.~.~~~----:..-__... ._.;....., '-"-'~-'__'_'....'_''''.~~'':-- ATTORNEYS AND COUNSELORS AT LAW SPEER HOYT pc"." 975 Oak Street, Suite 700 Eugene, Oregon 97401 . -. .. '. .. ... . - . . . .. .. " '. ...". .",. .. _..~- --.-- :'I~-:---,-,,,,:,._,--~ ~'~~'.""'~'~'.'~_:~~'~:-'--'::-.'-":~':: . . . . .' . ... '.. - . '. ... .. . . . '. .. "'. . . . - . '. '" - '. . . :,:~.;.:~,~;i:~::.~~'~\';''''',::~~~~~~..., .. . f::::t}(;a:::. :NE -1::) Fr., '9:;;~4 ~J\:~"l;'h~~. . '., """"'''''''';, '-If ~..:' '*\lfl.,n"'''''':'r~~Klr.;t ,p, '."r"l ,,'!t, L. "". .. ".~";J. ...1. . .~...,-. ,....., ~.f, _. :L.;.. ~. ,.; ~. ~ r.....1ayor and City Councliol S Cit}1 of Springfield 22;:: "'.inrth t:; th ~ ''I.... ..... Springfield, OR 97477 .3.7:::~ -??+:::~:::.";.:::::. i:-i:iC;4 'H.l11111,j ,ll,ll H,II Hlhi"t ,11"lu tI ,1,1,1,),,1,111I11 HI . ~ ~~ . , i\ . 'I, \f.,.'" A, l,ijt