Ordinance No. 20258 - Laserfiche WebLink

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WEST E~NE P~'J:~,<WAY ~IOi[~F~ED PROJECT,--.CONSISTENCY WffH THE STAT'-EW~iDE ~NING GOglJ~ AND TRANsPORTAT~Ofl PLA~NI~NG RULE reduce reliance on the automobile, including Bus Rapid Transit, transportation demand management, and encouragement of travel by foot and bicycle. MOreover, the City of Eugene has amended its land use regulations to comply with OAR 660-012-0045 to support and encourage travel by bike, foot and transit. Still, for the reasons spelled out below in the discussion of compliance with OAR 660-012~ 0070(4) and incorporated herein by this reference, these measures do not eliminate the need for the WEP. Under OAR 66{}-012-0030(4), calculations of local and regional transportation needs are to be based upon accomplishment of the requirements in OAR 660-012-0035(4) to reduce reliance on the automobile. Specifically, OAR 660-012-0035(4) requires Eugene-Springfield area local governments to design their TSPs to achieve a 5 percent reduction in vehicle miles traveled per capita (VMT) within 20 years oFTSP adoption. However, under OAR 660-012-0035(5), the Eugene~Springfield region may seek authorization from LCDC to use alternative standards in place of the VMT standards to demonstrate progress towards achieving reduced automobile reliance through means identified in that rule section, it currently appears to be the region's intention to do so. A Eugene-Springfield transportation plan constituting a "TSP" meeting TPR requirements has not yet been adopted. ~en these jurisdictions adopt that TSP, they will apply the VMT standard (or an alternative) on a regional system planning basis rather than an individual project development basis. The aim is to develop a transportation system that, overall, meets the VMT or alternate standard. Nothing in the standard precludes a single project from increasing VMT, provided that the TSP, as a whole, has an overall effect of reducing VMT or making progress towards achieving reduced automobile reliance through other approved means. It is likely that local land use approval for the Modified Project will precede local TSP adoption. The question of how the VMT standard applies prior to adoption cfa regional TSP is addressed in a December 9, 1991 letter from Larry Knudsen, Assistant Attorney General, to Michal A. Wert, Highway Division. "OAR 660-12-035(4) establishes objectives for the reduction of vehicle miles traveled (VMT) in Metropolitan Planning Organization (MPC) areas. ~here has been some question about whether the numerical reduction objectives apply to individual transportation projects and whether they apply at all to ODOT. my opinion, the objectives do not apply directly to individual projects. Rather, they are to be applied over an entire planning area and over a specific (lO and 20 year) time period In other words., a TSP may include a project that fails to reduce (or even increases) VMT so long as the plan, as a whole, ia' designed to achieve the objective. "The rule does not expressly apply to ODOT. By its terms, nly regional and local TSPs shall be designed to achieve' VMT reduction objectives. Indirectly, however, the rule does affect ODOT. For example, VMT reduction objections [sic] must be considered when calculating local and regional needs in the preparation of a plan. OAR 660-12-030(4). Similarly, under the state agency coordination program, O ' DOT s actions (with respect to programs affecting land use) must comply with the statewide goals and be compatible with local land use plans. Unless a project is authorized by acknowledged tocal plan provisions, ODOT should consider whether a proposed land use action would make it impracticable for the M~O to achieve its VkFF objectives." (Emphasis added.) Here, the West Eugene Parkway is ~ authorized by acknowledged comprehensive plan provisions. Given that fact, plus the fact that the Modified Project alters only the project location rather than its need, it would appear that OAR 660-012o0035(4) need not be further considered. It is EXHIB~ ~ - F~ND~NGS 27