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ODOT Comments for RA 04-1 and Z 04-4 Page 1 of 1 THOMAS Patricia S From: Thomas. B.BOYATT@odotstate.or. us Sent: Thursday, September 02, 2004 1:25 PM To: Gary.A.MCNEEL@ci.eugene.or. us; patricia.thomas@ci.eugene.or, us Cc: Thomas. B.Boyatt@state.or. us Subject: ODOT Comments for RA 04-1 and Z 04-4 Patricia - Please make sure that these comments are submitted into the Planning Commission's hearings record and incorporated into the hearings packet. Dear Planning Commission: ODOT understands Applicant's traffic analysis to say that the State's mobility standard at the I-5/Moon Mountain/Glenwood Blvd intersection (v/c .80) will not be exceeded in 2019 because certain improvements set out in the Eugene/Springfield/ODOT Cooperative Improvement Agreement for that intersection will be in place by the planning horizon year of 2019. ODOT is concerned that the Applicant has not demonstrated the specific year when mobility is degraded below the adopted State standard for the intersection in question, nor demonstrated in the record that the mitigation to accommodate that significant effect is planned and programmed to occur on a schedule that avoids any temporary significant effect between the present and the horizon year of 2019. Findings and conclusions, and the evidence in support, which demonstrate no temporary failure of the transportation system are now a requirement for Goal 12/TPR (Transportation Planning Rule) compliance, per the recent Court of Appeals Ruling in the Jaqua case. In Jaqua, the court essentially ruled that any 'temporary failure' of the transportation system during the planning period that results from developing land subject to a plan amendment/zone change, must be identified and appropriately mitigated such that the temporary failure is corrected. Basically, it is unclear to ODOT when during the planning period the traffic signal will be necessary to mitigate an exceeded mobility standard at the I-5/Moon Mtn./Glenwood Blvd. intersection, and what funds are committed to that signal on a schedule commensurate with the transportation need. ODOT suggests that either City Staff or the Applicant provide evidence for the record which either demonstrates no temporary failure or demonstrates the year of temporary failure during the planning period and identifies the schedule and funding for mitigation that addresses the temporary failure. This in turn will allow the City to make appropriate TPR findings for the FurticldLarson plan amendment/zone change proposal. As always, ODOT appreciates this opportunity to participate in local land use decisions which impact the function and operation of the state highway system. Tom Boyatt Senior Region Planner Oregon Department of Transportation 644 'A' Street Springfield, Oregon 97477 541-747-1354 fax 744-8088 I-C-1 9/7/2004