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<br />Respanding to. a questian fram Mr.. Dignam, Mr. Nystram said that an actian amending the Metra Plan <br />wauld also. autamatically amend the applicable refinement plan given that there were no. text changes <br />being made to. the Metra Plan. Far that reasan, he can~luded that the Lane Caunty Planning Cammissian <br />did nat have to. act an the applicatian amending the refinement plan. <br /> <br />Respanding to a questian fram Mr. Sullivan regarding the impact afthe applicatian an the Metrapalitan <br />Wastewater Management Cammissian (MWMC), Ms. McKinney indicated that pravisian af such service <br />was a functian af annexatian to. the City, and that .currently, City wastewater services were available to. <br />serve the praperty. The redesignatian wauld have no. negative impact an the future afthe MWMC. <br /> <br />Respanding to. a questian fram Mr. Carrall regarding whether staff believed the.applicatian bath <br />addressed a new ar amended cammunity palicy as well as a change in circumstances, Mr. Nystram said <br />that what canstituted a change in circumstances was samewhat fuzzy. One cauld argue that a change in <br />the Metra Plan Diagram canstituted a change in circumstances. Staff had relied an the hierarchy questian <br />rather than the applicant's arguments related to. surraunding issues having a direct impact an the change in <br />circumstances. He said that the new ar amended cammunity palicy wauld reflect the change in the Metra <br />Plan Diagram. He.did ~at think the cammissian needed to. go. beyand that in its findings. <br /> <br />Mr. Carrall asked if the new view afzane changes discussed by the applicant satisfied the requirement <br />related to. a change in circumstances. Mr. Nystram said that staff cauld nat rely an that, as the facus was <br />an the map designatian change rather than what wauld be built later. Mr. Carrall asked haw staff <br />cancluded"that theapplicatian satisfied the criterian telatedta a change in circumstances. Ms. McKinney <br />said an amendment to. the Metra Plan was fallawed by a change to. the refinement plan; the change to. the <br />Metra Plan represented the change in circumstances ar the change in 'cammunity palicy. Staff was nat <br />relying an the future develapment but the fact afthe appraval itself to. change the Metra Plan. Mr. <br />Nystram added that one cauld apply criterian (c), New ar amended cammunity palicies, ar criterian (e), A <br />change af circumstances in a substantial matter that was nat anticipated at the time the refinement plan <br />was adapted. He said that if the cammissians were uncamfartable with the findings as drafted, staff cauld <br />amend them to. facus an ane ar the ather criterian. <br /> <br />Mr. Hledik said that he thaught s~affhad relied on the applicant's citatian an page 20 afthe applicatian <br />regarding new cammunity palicies that had created a change in circumstance, such as nodal development <br />palicies. Ms. McKinney reiterated that staff was nat loaking at the mixed-use develapment prapasal <br />anticipated and did nat feel camfartable it cauld make that argument for the cantemplated plan amend- <br />ment since the applicatian in frant af the cammissians was a redesignatian, not a development applicatian. <br /> <br />Mr. Carrall said that staffs reasaning seemed circular to. him; in ather cases were a zane change was <br />requested, the cammissian must laak at refinement plan palicies to. determine the validity af the request. <br />Criterian 2 suggested to. him that the text af the refinement plan must be cansidered when the cammissian <br />evaluated a zane change. He agreed with Mr. Hledik that was the applicant's appraach. Changing the <br />Metra Plan Diagram the cammissians wauld have changed the circumstance to. justify the refinement plan <br />ch':lnge. Mr. Nystram painted aut that no. zane change was being cantemplated in this instance; anly a <br />designatian change was being cansidered, which made it difficult far staff to. rely an same af the <br />arguments that the applicants had affered in regard to. the future develapment. While thase palicies were <br />in place, they did nat mandate that the site in questian wauld develap into. a mixed use development. <br />There were several steps that remained befare the development stage was reached. Mr. Nystram said if <br />ane was to. change the Metra Plan Diagram, ane cauld nat create an incansistency ~ith the refinement <br /> <br />Octaber 24, 2006 <br /> <br />Page 7 <br />