Item 5 - PH on Laurel Hill Plan - Laserfiche WebLink

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Pursuant to the above-discussed Metro Plan policies and based on the findings provided in the application materials, the subject property is not suited to residential development, and may be suited to commercial development. The applicant asserts that there is a public need for "effective land use planning" and, because the subject property is not suited to residential development, the public need for effective land use planning dictates that the site be designated commercial. While staff believes that the applicant has effectively demonstrated the poor suitability of the site for residential use (the site's current designation), the application materials fail to provide evidence of a "public need" for additional commercial uses in that area. The adjacent commercial node (located south of the subject property) has not yet been developed, which may be an indication of the lack of need or demand for commercial uses in this location at this time. Policy #3 The applicant also cites Policy #3, which addresses development in the "floating node". Since the site is not located in the floating node, this policy does not apply. The Laurel Hill Valley Citizens neighborhood association has provided testimony suggesting the refinement plan indicates that the western border of the property is meant to remain in residential use as a buffer to future commercial uses. This appears to be true in the case of the floating node area to the south where such a designation is clear on the East Laurel Hill Development Node map; however, the plan is silent on the necessity of providing such a buffer on the subject site. No other policies in the Laurel Hill Refinement Plan are relevant to the subject site. With the exception of policy #5, the proposed map amendment does not create an inconsistency with other portions of the Laurel Hill Plan. Without additional findings from the applicant regarding policy #5, it is difficult to make a clear determination of the proposal's compliance with the refinement plan. EC 9.8424(2) The refinement plan amendment addresses one or more of the following: (a) An error in the publication of the Refinement Plan. (b) New inventory material which relates to a statewide planning goal. (c) New or amended community policies. (d) New or amended provisions in a federal law' or regulation, state statute, state regulations, statewide planning goal, or state agency land use plan. (e) A change of circumstances in a substantial manner that was not anticipated at the time the Refinement Plan was adopted. The applicant states that the refinement plan amendment is necessary to address "new or amended community policies." Specifically, the applicant asserts that the "draft amendments to the Metro Plan explicitly and implicitly contain several new community policies." These explicit and implicit draft Metro Plan policies are contained in the unacknowledged updated Metro Plan that is currently on appeal. As such, the draft Metro Plan policies are not in effect and cannot serve as the basis for this refinement plan amendment. Without further findings from the applicant, such as findings demonstrating that there has been an unanticipated change in circumstances for this neighborhood that were not considered at the time of development of the refinement plan, it is difficult to make positive findings regarding this criterion. Planning Division Staff Report 7 September 2004 Pace 10 of 13 (RA 04-1 and Z 04-4) 12