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<br />e <br /> <br />park land. Under any set of standards, he said eight acres would <br />appear miniscule compared to 75 to 90 acres the City would hope to <br />acquire to serve this level of development. He said a review of the <br />basic reasons for allowing medium-density development on Goodpasture <br />Island was the ability to provide access to this area by other means <br />than auto, by bike/pedestrian, which would link that area to the major <br />areas of Eugene. He said the substantial units would generate the <br />need for that. Also, a normal part of a development process, the <br />developers are required to improve a number of facilities, i.e., <br />streets, sidewalks, etc. In no cases, it pretended that only those <br />who live in the area will use those facilities. The primary benefit <br />would be for those persons, but others will be benefitting. Requiring <br />improvement of the pedestrian/bike system is not unique to this situ- <br />ation and he gave examples of other developments, i.e., Shasta Park <br />PUD on Barger and Beltline Road, which does serve other areas as well. <br /> <br />Regarding the traffic signalization, and agreement for a common inter- <br />section with K-Mart, he said those are two distinctly different <br />problems. A report from the City Attorney's office has been requested <br />regarding legality of requiring the traffic signalization (Condition <br />18). This would defer judgement as to whether or not an installation <br />would be imposed until the preliminary approval stage. The City <br />Attorney's opinion has not been submitted and there is no definitive <br />requirement established that the traffic signal be installed. The <br />City is simply investigating as to the legality of this condition <br />which then will be decided at a later stage. <br /> <br />e <br /> <br />The condition does require investigation of an agreement with K-Mart <br />regarding an intersection. He reviewed with Council page 6 of <br />the attorney's memo. If such an agreement cannot be reached, then <br />alternatives could be considered. If none could be found, it may be <br />necessary that condition be rejected. Council's reversal of this <br />condition would thus be premature at this time. <br /> <br />- <br /> <br />In response to a question from Mr. Obie, Mr. Saul said the traffic <br />signal condition, if determined legal, either would or would not be <br />imposed at Jhe time of preliminary approval, which is appealable to <br />the City Council. Regarding the K-Mart intersection, the condition <br />simply directs the appellants to attempt to reach an agreement with <br />K-Mart. If K-Mart will not agree, then at the time of preliminary <br />approval, there are a series of options: 1} submit a written document <br />that K-Mart will not agree; and 2} realign and some how alter the <br />traffic pattern of Delta Loop Road itself. <br /> <br />In rebuttal, Mr. Gillis said the condition imposed is that an agree- <br />ment must be made and submitted, not show proof that an attempt has <br />been made to reach an agreement. He said it does not seem that <br />condition can be met if K-Mart does not agree. He said the condition <br />was imposed in November and immediately was appealed. He did not know <br />how the appellants could show an attempt had been made to make an <br />agreement. He reiterated all other conditions may be met, but the <br />entire project lost if it cannot produce an agreement with K-Mart. <br />Regarding City standards, he said historically, developers are faced <br /> <br />2/12/79--9 <br /> <br />13 <br />