Item 4: Ordinance on Oregon West Management LLC

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Mayor Kitty Piercy Eugene City Council March 21, 2008 Page 3 the TIA and agreed that the analysis methods used in the TIA were acceptable. Goal One Coalition offers no evidence to the contrary but only questions, without factual basis, the assumptions of the TIA. For the first time, in the March 7, 2008 letter, Goal One asserts there has not been compliance with Lane Code Chapter 15, Roads, particularly LC 15.697, Traffic Impact Analysis Requirements. As stated above, the City, Lane County and OOOT staff are involved in the scoping and development of the TIA and are satisfied with that study and its conclusions. Goal One asserts that LC 15.697(1)(a)r (b) and (c) are applicable to the Oregon West Management proposal. The section preceding that section of Lane Code, LC 15.695, provides: "Pursuant to LC 15.696 through 15.697 below, the owner of land being developed maybe required, as a condition of development approval, to make road improvements necessitated by the development...." (Emphasis supplied.) The specifications of those sections, by this languager "may" be required. Here the County reviewed the TIA and did not require the TIA to adhere to all of the requirements of LC 15.697. Goal One seeks to require of the applicant that which only Lane County has the power to require, even though the County has chosen not to apply certain Code provisions. Goal One also criticizes the projected population growth relied upon in the TIA, a growth rate recommended by the State and with which the City concurred. This, too, was accepted by the City staff, OOOT, and Lane County. Again, Goal One offers no evidence to establish that the projected growth is not valid for use in establishing future year traffic volume scenarios. Goal One Coalition Februarv 19, 2008 letter Goal One Coal.ition discusses Goal 9. As pointed out by Goal One, and the applicant agrees, the proposal must be evaluated on the basis of the existing comprehensive plan and the adopted and acknowledged 1992 Eugene Commercial Lands Study, even though the Study is outdated. Goal One cites five policies from the ECLS, policies that were cited to the Planning Commission as a basis for recommending denial of the zone change. The Planning Commission found to the contrary. Commencing at the bottom of page 18 of the November 19, 2007 Planning Commission Findings is the