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EXHIBIT F JOHNSON, CLIFTON, LARSON & SCHALLER, P.C. ATTORNEYS AND COUNSELORS AT LAW ARTHUR C. JOHNSON 975 OAK STREET, SUITE 1050 RICHARD L. LARSON JACOBK. CLIFTON, JR. FAX: (541) 349-5098 RICHARD L. LARSON EUGENE, OREGON 97401-3176 E-Malh rlarson~)jclc,corn DOUGLAS G. SCHALLER (541) 484-2434 ~ DEREK C. JOHNSON'* DARLENE RUIZ DENNIS M. GERL* Legal Assistant MARILYN A. HEIKEN E-Maih druiz~jclc.com SCOTT C. LUCAS JAMES E. BEARD MICHELE C. SMITH -At~e Member Ca~om~ ax:l Wa~Nngton Bar~ · ~ Mem~e~' Ca~fomia Bar September 21, 2004 PATRICIA THOMAS CITY OF EUGENE PLANNING DIVISION 99 West 10th Avenue Eugene, Oregon 97401 Re: RA 04-1, Z 04-4 Dear Ms. Thomas: The purpose of this letter is to provide supplemental information to the Planning Commission, based upon comments made at the meeting of September 14, 2004. 1. Development Constraints of Other Commercial Property. It was pointed out that there is other commercial property in the same general area as the Subject Property. While it is true that this nearby commercial property has not been developed, this is not evidence that there is no "public need" for additional commercial property in this area. The property furthest to the south that is zoned commercial, is owned by the developers of the residential PUD that .is now under construction. As the Planning Commission is aware, this residential construction will be done in phases, with most of the construction to occur only after Brackenfem Road is constructed, the frontage road paralleling the freeway is relocated, and other infrastructure improvements are completed. While I am not authorized to speak for them, it would be logical that the commercial property near the residential development will be oriented toward neighborhood commercial, and that neighborhood commercial development would not occur until the residential development is substantially completed. The largest commercial parcel, Tax Lot 1100 which lies east of Brackenfern Road, also needs to await completion of the same infrastructure before it can be developed. However in addition to the infrastructure improvements, development constraints include significant fill requirements, which are made more difficult by previously unpermitted fill as well as wetland issues, high transmission voltage lines crossing the property, steep slopes and access closures except at a point opposite 25th Street due to ODOT requirements. That is, this larger parcel while seemingly located at the Interchange is actually only accessible at a point over 300 feet south of the intersection. IV-51