Item 5 - PH on Laurel Hill Plan - Laserfiche WebLink

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(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 applicants have identified two of the listed criteria as being satisfied by this refinement plan amendment. First, applicants have identified an amended community policy that comes into effect here (subsection (c)). This policy involves an amendment to the Metro Plan findings for the Residential Land Supply and Demand. That finding provides, "[u]ndevelopable residential land is considered unbuildable and removed from the supply if it is within 230 KV powerline easements[.]" Implicit in that finding is the policy that it is inappropriate to develop residential uses beneath high powered electrical wires. Such a provision or policy was not present when the Laurel Hill Plan was adopted. Applicants have also identified changes in circumstances in a substantial manner that was not anticipated at the time the Refinement Plan was adopted (subsection (e)). Those changes in circumstances include the revision of the Eugene Code to allow residential densities at a 40 percent higher density than under the previous version of the code. Development proposals for the area have been at densities greater than that allowed at the time the Laurel Hill Plan was adopted and appears to not be anticipated by the plan. Furthermore, the extensive reconfiguration of the Moon Mountain Drive-Glenwood Boulevard-Glenwood Drive interchange was not anticipated by the Laurel Hill Plan. The reconfiguration/realignment moved the intersection from areas within existing ODOT right of way into areas that were designated commercial in the Laurel Hill Plan. These unanticipated substantial changes in circumstances warrant a refinement plan amendment. This criterion is satisfied. Conclusion: The proposal satisfies the approval criteria provided by EC 9.8424. The application is approved. IV-68 Page 12 of 12: Proposed Findings for Laurel Hill Plan Amendment (RA 04-1)