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<br />EC 9.8414(1) The refinement plan amendment addresses one or more o/thefollowing: <br /> <br />(a) An error in the publication of the refinement plan. <br /> <br />The proposed amendment is not based on an error in the publication of the River Road/Santa <br />Clara Urban Facilities Plan. Thus this criterion does not apply. <br /> <br />(b) New inventory material which relates to a statewide planning goal. <br /> <br />The proposed amendment is not based on new inventory material relating to a statewide planning <br />goal. Thus this criterion does not apply. <br /> <br />(c) New or amended community policies. <br /> <br />This ordinance is not based on new or amended community policies. Thus this criterion does not <br />apply. <br /> <br />(d) New or amended provisions in a federal law or regulation, state statute, state regulation, <br />statewide planning goal, or state agency land use plan. <br /> <br />This ordinance is not based on new or amended state or federal laws, regulations, or policies. <br />Thus this criterion does not apply. <br /> <br />(e) A change of circumstances in a substantial manner that was not anticipated at the time tile <br />refinementplan was adopted. <br /> <br />Response: Two significant changes of circumstance have occurred and the proposed refinement <br />plan amendment addresses both changes of circumstances. <br /> <br />A. First Change of Circumstances <br />The tirst change of circumstances is the decision by the 4J School District to sell the Santa Clara <br />Elementary School property. The City and its citizens had no anticipation at time of Refinement <br />Plan adoption that the school district would sell its property to a private developer. <br /> <br />A portion of the subject site is the former location of the Santa Clara Elementary School, and is <br />currently zoned Public Land, designated on the refinement plan as Government and Education, <br />and designated on the Metro Plan as Low Density Residential. Oregon West Management, Inc., a <br />private development group, recently purchased the Santa Clara Elementary School site. Per <br />EC 9.2681(2) which states, "When public land is soldfor private the development, the property <br />shall be rezoned according to the procedures for zone changes beginning with and following <br />section 9.8850 Purvose of Zone Changes" the applicant is seeking a zone change of the subject <br />site. The refinement plan designation logically shall also be amended to reflect the current <br />private ownership. <br /> <br />The applicant has a concurrent application under review for a plan amendment to the school <br />property to change the designation from Low Density Residential to Commercial. Upon approval <br />of the Metro Plan change the refinement plan designation will be nonconforming. As such the <br /> <br />Santa Clara - Refinement Plan Amendment Application <br />Written Statement - August 2, 2007 <br /> <br />Page 42 of 44 <br />