Item 1: Ordinance on Oregon West Management

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Regarding Policy 12, the Planning Commission recently found (McKenzie/Willamette) that under one interpretation of this policy, it applies when considering the designation of new commercial lands, requiring that such designations occur in areas of existing commercial development. However, given the implementation strategy accompanying this policy, the Planning Commission found that a different interpretation of the policy is more reasonable. This second interpretation is that, within existing commercially zoned areas, ne\v development should be concentrated to allow for internal traffic circulation, and thus reduce traffic impacts on acUacent streets. The subject property is less than one mile from commercial areas, including the Santa Clara Square, commercial areas on River Road and directly abutting commercially zoned property. The 7.3 acres is also of sufficient size to permit adequate internal circulation. Regarding Policy 13, the findings on pages 19-22 of the applicant's Refinement Plan Amendment written statement regarding Goal 12 and required mitigation of traffic impacts, are incorporated herein by this reference as further evidence of compliance with both of these policies. It is noted that at the time of the ECLS, the area of the subject property was not specifically identified as a "strip conmlercial" area. The subject property is also in the River Road/Santa Clara Subarea of the ECLS. The only policy in this subarea is as follows: Recognize that the commercial sites designated in the River }?oadlS'anta Clara Urban facilities Plan provide adequate commercial suppzyfor the area. Consider additional commercial land in the vicinity olthe Chambers Connector ([needed to address community commercial needs. (Policy 22.0) This policy provides direction that new commercial sites are not needed in t.his subarea. This policy's geographic specificity and its subject-matter focus on limiting additional commercial land make the policy significant. The policy appears to express a preference that the only additional commercial land be in the vicinity of the Chambers Connector (near the south end of River Road). White that preference is not absolute, and can be overcome by sufficient reasons and/or competing policy considerations, read in context the policy clearly requires the City to at least consider whether the applicant has established a basis to overcome that policy preference. It does not appear that the applicant has done so. As further addressed with regard to the Metro Plan and the River Road/Santa Clara Urban Facilities Plan below the applicant has not demonstrated a need fbr additional commercial (and area and the policy direction calls for providing more higher density residential land rather than conm1ercial. As discussed under EC 9.8424(1 )(c) (Refinement Plan Amendment approval criteria), the subject property is also located in the River Road/Division Subarea of the River Road/Santa Clara Urban Facilities Plan (RRSC). The RRSC subarea land llse diagram identifies the portion of the subject property north of Green Lane (with the exception of a portion of Tax Lot 400) as Government and Education, and the portion of the subject property south of Green Lane as Commercial. The proposed amendments would result in a net increase of approximately 6 acres of commercially designated land, inconsistent with this policy. Furthermore, the only exception to this policy is the Chambers Connector area. The subject property is not within the vicinity of the Chambers Connector and therefore, in the context of this policy, is not available for consideration for a new commercial site. Based on these findings, the proposed re-designation is inconsistent with this policy. Staff Findings -- October &, 2007 Page 6