Further, the text amendment to allow transit facilities does not conflict with the remaining policies of <br />Ordinance No. 20407, and the applicant will be required to apply these policies at the time of future <br />development. <br />Based on the findings above, the plan diagram and policy text amendments fulfill the requirements of <br />this criterion. <br />2) The refinement plan amendment addresses one or more of the following: <br />a) An error in the publication of the refinement plan. <br />b) New inventory material which relates to a statewide planning goal. <br />c) New or amended community policies. <br />d) New or amended provisions in a federal law or regulation, state statute, state <br />regulation, statewide planning goal, or state agency land use plan. <br />e) A change of circumstances in a substantial manner that was not anticipated at the <br />time the refinement plan was adopted. <br />The proposed text amendment does not relate to an error in the refinement plan, new inventory <br />material relating to a statewide planning goal, new/amended community policies, or new/amended <br />federal and state laws, statutes, regulations, planning goals, or land use plans. Therefore, subsections <br />a) - (d) do not apply to the subject request. Subsection (e) applies because the proposed text <br />amendment is warranted due to a change of circumstances in a substantial manner that was not <br />anticipated at the time the refinement plan, as revised by Ordinance 20407, was adopted. <br />The applicant provides, and the Council adopts, the following findings addressing the change in <br />circumstances: "Regarding EC 9.8424(2)(e), there is a significant change in circumstances since <br />adoption of Ordinance 20407. The property is no longer in private ownership and is now owned by <br />the community's transit service provider, Lane Transit District. This was not anticipated at the time of <br />the adoption of Ordinance 20407. At that time, the property was in private ownership and the focus <br />was on developing the property as a mixed-use, residential-commercial center. <br />Now, with LTD as the property owner, the focus remains in developing the property as a mixed-use <br />center. While the previous uses were only commercial and residential in nature, LTD aims to provide <br />a third component - a transit station. Clearly the current prohibition regarding motor vehicle related <br />uses, which includes transit facilities, would not enable the new property owner to follow through <br />with their plan." <br />Based on the findings above, the text amendment to recommendation 2.6.i(6) of the River Road- <br />Santa Clara Urban Facilities Plan fulfills the requirements of this criterion. <br />Findings - 10 <br />180