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Ordinance No. 20258
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2002 No. 20242-20273
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Ordinance No. 20258
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Last modified
6/10/2010 4:43:58 PM
Creation date
7/21/2005 3:58:31 PM
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City Recorder
CMO_Document_Type
Ordinances
Document_Date
7/8/2002
Document_Number
20258
Author
James D. Torrey
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W~$T E~NE PARKWAY ~F~D PROJECT-~-~ONSISTEN~ WITH THE STATEWtDE PLANNt~tG GOALS AND TRANSPORTATION PLANN!NG RUL~ <br /> <br />reduce reliance on the automobile, including Bus Rapid Transit, transpo~tion demand management, <br />and encouragement o£travel by fbot and bicycle. Moreover, the City of Eugene has amended its land <br />use regulations to comply with OAR 660-012~0045 to support and encourage travel by bike, foot and <br />transit~ Still, for the reasons spelled out below in the discuss[on o£ compliance with OAR 660-0 I2- <br />0070(4) and incorporated herein by this reference, these measures do not eliminate the need for the <br />WEP. <br /> <br />Under O~ 660-012~0030(4), calculations of local and regional transportation needs are to be based <br />upon accomplishment of the requirements in OAR 660-012~0035(4) to reduce reliance on the <br />automobile. Specifically, OAR 660-012-0035¢) requires Eugene-Springfield area l~al governments <br />to design their TSPs to achieve a 5 pemem reduction in vehicle miles traveled per capita (VMT) <br />within 20 yem of TSP adoptiom However, under OAR 660~012~0035(5)~ the Eugene-Springfield <br />region may seek authorization from LCDC to use alternative standards in place of the VMT standards <br />to demonstrate progress to'wards achieving reduced automobile reliance through means identified in <br />that rule section. It currently appears to be the region's intention to do so. <br /> <br />A Eugene~Spfingfield trans~rtation plan constituting a "TSP' meeting TPR requirements has not yet <br />been adopte& When these jurisdictions adopt that TSP, they will apply the VMT standard (or an <br />altematN¥) on a regional system planning b~is rather than an individual project development basis. <br />~e aim is to develop a trans~rtation system that, overall, meets the VMT or alternate standard. <br />Nothing in the standard precludes a single project from increasing VMT, provided that the TSP, as a <br />whole, has an overall effect of reducing VMT or making progress towards achieving reduced <br />automobile reliance tbxough other approved means. <br /> <br />It is likely that local land use approval for the Modified Project will precede local TSP adoption. The <br />question of how the VMT standard applies prior to adoption of a regional TSP is addressed in a <br />December 9, 1991 letter from Larry gmudsen, Assistant Attorney General, to Michal A. Wert, <br />Highway Division. <br /> <br />"OAR 66042~035(4) establishes objectNes for the reduction of vehicle miles tmveted <br />(VMT) ~n Metropolitan Planni~ Organization (MPO) areas. ~ere has been some question <br />about whether the numerical reduction objectives apply to individual transportation projects <br />and whether they apply at all to ('_)DOT. <br /> <br />"In my opinion, the objectives do not apply directly to individual projects. Rather, they are to <br />be applied over an entire planning area and over a specific (JO and 20 year) time period tn <br />other word& a TSP ma3, include a project that fails to reduce (or even increases) VMT so <br />long as the plan, as a whole, is designed to achieve the objective. <br /> <br />"The role does not expressly apply to ODOT. By its terms, only 'regional and local TSPs <br />shall be designed to achieve' VMT reduction o~ectives. Indirectly, however, the rule does <br />affect ODOT~ For example, VMT reduction objections isleI must be considered when <br />calculating local and regional needs in the preparation of a plan. OAR 660-t2-030(4). <br />Similarly, under the state agency coordination program, ODOT's actions (with respect to <br />programs affecting land use) must comply with the storewide goals and be compatible wkh <br />local land use plans. Unless a project is authorized by acknowledged local plan provisions, <br />ODOT should consider whether a proposed land use action would make it impracticable for <br />the MPO to achieve its Vl~ objectives." (Emphasis added.) <br /> <br />Here, the West Eugene Parkway is authorized by acknowledged comprehensive plan <br />provisions. Given that fact, plus the fact that the Modified Project alters only the project location <br />rather than its need, it would appear that OAR 660-012-0035(4) need not be further considered. It is <br /> <br />EXHtBff C4 - F~NDINGS 27 <br /> <br /> <br />
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