Ordinance No. 20583 - Laserfiche WebLink

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Further, the text amendment to allow transit facilities does not conflict with the remaining policies of Ordinance No. 20407, and the applicant will be required to apply these policies at the time of future development. Based on the findings above, the plan diagram and policy text amendments fulfill the requirements of this criterion. 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 regulation, 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 proposed text amendment does not relate to an error in the refinement plan, new inventory material relating to a statewide planning goal, new/amended community policies, or new/amended federal and state laws, statutes, regulations, planning goals, or land use plans. Therefore, subsections (a) - (d) do not apply to the subject request. Subsection (e) applies because the proposed text amendment is warranted due to a change of circumstances in a substantial manner that was not anticipated at the time the refinement plan, as revised by Ordinance 20407, was adopted. The applicant provides, and the Council adopts, the following findings addressing the change in circumstances: Regarding EC 9.8424(2)(e), there is a significant change in circumstances since adoption of Ordinance 20407. The property is no longer in private ownership and is now owned by ovider, Lane Transit District. This was not anticipated at the time of the adoption of Ordinance 20407. At that time, the property was in private ownership and the focus was on developing the property as a mixed-use, residential-commercial center. Now, with LTD as the property owner, the focus remains in developing the property as a mixed-use center. While the previous uses were only commercial and residential in nature, LTD aims to provide a third component a transit station. Clearly the current prohibition regarding motor vehicle related uses, which includes transit facilities, would not enable the new property owner to follow through with their plan. Based on the findings above, the text amendment to recommendation 2.6.i(6) of the River Road- Santa Clara Urban Facilities Plan fulfills the requirements of this criterion. Findings - 10