Item 5 - PH on Laurel Hill Plan - Laserfiche WebLink

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The City concurs that this changed provision constitutes an "amended community policy" that would eliminate this land from inclusion in the residential land supply. This represents a change of circumstance since the 1982 adoption of the East Laurel Hill map amendments to the refinement plan, consistent with the above approval criteria. 2. The Eugene Code has been amended since the adoption of the Laurel Hill Plan to provide for an increase in residential density of up to 40percent. The applicant maintains that a proportional increase in commercial area is reasonable due to this shift in anticipated future residential development. Although this is a substantial change in circumstance since the adoption ofthe1982 refinement plan amendment, the impact of this change has not been sufficiently quantified to serve as a justification for amending the map to change the designation of the subject site to commercial. Additionally, the applicant has submitted findings in regard to EC 9.8424(1)(c) which the City find relevant to this criterion. The applicant has submitted evidence regarding limitations on access to existing commercial sites that has been changed since the 1982 refinement plan amendments, and demonstrated the relationship to the need for the subject property to be designated commercial. Other evidence submitted by the applicant regarding new access controls placed on existing commercially designated land, and discussed in the findings under EC 9.8424(1)(c) above, represents a change in circumstances since adoption of the 1982 amendments to the refinement plan. Those access controls have reduced the access to parcels along the future Brackenfern Road, thereby diminishing their suitability to be developed for tourist oriented commercial uses. The City's review includes the following statement: "What has changed between the 1982 Refinement Plan and current 2004 application is the Access Control Line obtained by ODOT along both sides of Brackenfern Road between Moon Mountain Drive/Glenwood Drive and 25th Avenue. Such access control does not preclude commercial development from occurring on those sites, but the greater distance and complexity of ingress and egress may have some effect on the range of specific uses." To access these existing commercial sites, given the ODOT access controls, tourists will need to drive deeper into the neighborhood than if they (tourists) were to access the subject site. To further clarify that this represents a change from 1982, Policy #3 of The Laurel Hill Plan discusses the existing development node and states that: "There will be direct frontage along the collector as well as ample opportunity for additional access via private or public access spurs." The above findings provide sufficient evidence that two substantial changes in circumstance have occurred since the refinement plan was amended in 1982. These include provisions regarding exclusion of lands with 230 KV powerline easements from residential land inventories and reduced access to existing commercially designated lands. Zone Changes: Eugene Code Section 9.8865 requires that the following criteria (in bom and itafic) be applied to a Zone Changes. EC 9. 8865(1) The proposed change is consistent with applicable provisions of the Metro Plan. The written text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent conflicts or inconsistencies exist. Exhibit A 9