HomeMy WebLinkAboutItem 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
~..'
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,///.
-.....- ..
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.
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ATTORNEYS AND COUNSELORS AT LAW
SPEER HOYT pc"."
975 Oak Street, Suite 700
Eugene, Oregon 97401
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