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<br />(e) A change of circumstances in a substantial manner that was not anticipated at the time <br />the refinement plan was adopted. <br /> <br />EC 9.8865 Zone Change Approval Criteria. <br />Approval of a zone cbange application, including tbe designation of an overlay zone, shall not be <br />approved unless it meets all of the following criteria: <br />(1) The proposed change is consistent with applicable provisions of tbe Metro Plan. The written <br />text of the Metro Plan shall take precedence over the Metro Plan diagram where apparent <br />conflicts or inconsistencies exist. <br />(2) The proposed zone change is consistent with applicable adopted refinement plans. In the <br />event of inconsistencies between these plans and the Metro Plan, the Metro Plan controls. <br />(3) The uses and density that will be allowed by the proposed zoning in the location of the <br />proposed change can be served through the orderly extension of key urban facilities and <br />services. <br />(4) The proposed zone change is consistent with the applicable siting requirements set out for <br />the specific zone in: (a) EC 9.2150 Commercial Zone Siting Requirements; (f) EC 9.2735 <br />Residential Zone Siting Requirements. <br />(5) In cases where the NR zone is applied based on EC 9.2510(3), the property owner shall enter <br />into a contractual arrangement with the city to ensure the area is maintained as a natural <br />resource area for a minimum of 50 years. <br /> <br />RECOMMENDATION: Based on the available information and materials in the record, and the <br />attached preliminary findings, staff finds that the proposal does not comply with the applicable approval <br />criteria. However if, the Planning Commission can make positive findings that the proposal complies \vith <br />the applicable approval criteria, staff recommends imposition of the conditions of approval identified in <br />the staff findings, <br /> <br />A TTACHMENTS: It was not feasible to reprint all of the written materials, attachments, and other <br />items included in the file record for this application as part of the attachments to the Preliminary Staff <br />Findings. The other materials listed below are only available for review at the Planning Division, Copies <br />of the materials found in the file record for this application can be provided upon request for a fee. The <br />Planning Commission will be provided a full set of the applicant's materials and all public testimony for <br />revte\v, <br /> <br />AttaclU11ent A. Preliminary StafT Findings <br />Attachment B. Vicinity Maps <br /> <br />The following items are included in the file record for this application, and are available for review <br />at the Planning Division (The Planning Commission will be provided a copy of these materials): <br /> <br />Applicant's Metro Plan Amendment Application Materials, dated August 29, 2007 <br />Applicant's Refinement Plan Amendment Application Materials, dated August 29, 2007 <br />Applicant's Zone Change Application Materials, dated August 29, 2007 <br />Applicant's Traffic Impact Analysis, dated August 28, 2007 <br />Letters of Public Testimony received through October 8, 2007 <br /> <br />FOR MORE INFORMATION: <br />Please contact Heather O'Donnell, Associate Planner, City of Eugene Planning Division, 99 W. 10th <br />Avenue, Eugene, OR 97401, by telephone at 541-682-5488 or via email at <br />heather .m.odonnell@ci.eugene.or.us. <br />