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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~ST EUGENE PARKWAY MODIFIED P~ECr~C.~'3NSISTENCY WITH THE STATE:WIDE PLA~NING GOALS A~D TP~NSPORTATIOH PLAHNING RULE <br /> <br />Economic Dislocations <br />Re number and scale of economic dislocations is an appropriate consideration in determining an <br />alternative's reasonableness to accommodate the identified need. Generally, when the dislocations are <br />relatiYely few in number or small in scale, the mere fact that dislocations occur would not render an <br />akemative "unreasonable~' However, when the number or scale of dislocations is of such magnitude <br />as to result insubstantial public inconvenience or harm, then the alternative creating this impact may <br />~ unre~onable. As used in this paragraph, economic dislocations include not only d~rect loss of land <br />or relocation of homes or businesses, but also loss of access, loss in investment, loss of parking <br />spaces, and similar adverse economic impacts. <br /> <br />Protecting Natum~ Resoumes and Biologically Sensitive Areas Consistent with Fedem~ and <br />State Environmental Object,yes <br />Were k not for ~e significant adverse ~mpacts of~e Approved Design on h~gh value wetlands and <br />threatened and endangered species,70 the C~ty of Eugene ~d Lane Coun~ would not now be <br />considering comprehensive plan mendments to relocate the WEP. Instead~ they could rely on the <br />1986 exception and ~e~r plans to construct the Approved Design. <br /> <br />Wkh the discove~ of wetl~ds in ~e late t980s, a~ention mined to how best to a¥oid or minimize <br />wetland and T&E species impac~ consistent wkh federal and state regulations govern{rig promotion <br />of wetlands and t[~eatened and endan~red species.7~ Because the federal wetland pem~k ~d <br />highway construction ~[ng federal funds ~e federal actions, and because federal agencies have <br />pressed for consideration of akematives to the Approved Design for the express pu~se of reducing <br />env~ronmen~l impacts~ minimizing adverse impac~ to high value wetlands and to threatened and <br />end--gered plant and animal species ~nsistent wi~ federal regulations and objectives is the foremost <br />threshold for dete~ining ~e m~onableness of an ~temative to accommodate the WEP. <br /> <br />Generally, the less severn the d~rect ~d indirect impact m high value wedands~ o~er biologically <br />sensitive ~eas ~d T&E species, ~e mom reasonable the altemafive~ Almrnmives with s~gnificantly <br />higher adve~e high value wedand or T&E impac~ in relation to other alternatives are considered <br />unreasonable ~ they fa~l to confom~ with federal requiremen~ that priorkize avoidance or <br />minim~mtion of ~mpac~ to these resoumes. <br /> <br />Achieving State and Local Transportation Objectives <br />~is threshold factor considers whether the alternative can reasonably achieve the identified <br />transportation need. Highway I26, of which the WEP would be a par~ is identified in the 1999 <br />Oregon Highway ?lan as a Statewide Highway. It is also an element of the National Highway <br />System. As such, k is intended to se~e primarily intra and inter-regional transportation needs. An <br />alternative whose function is d~ff~rent (e.g., one that would serve primarily local needs) or whose <br />level of se~ice does not meet ODOT standards for Statewide Highways would not be an alternative <br />that could reasonably accommodate the WEP. <br /> <br />Alternatives not requiring goal exceptions may still profoundly affect the implementation of an <br />acknowledged comprehensive plan. For this project, a relevant issue is whether an alternative would <br />so alter re,enable planning expectations and investment as to be unreasonable~ More particularly, <br />We~ Eugene was identified long ago as an ~ndustrial area. Since then, many m~llions of dollars have <br />been inYested by the City of Eugene and private landowners on infrastructure and development to <br /> <br />70 As used heroin, T&E Species ~nc~ude federa~ ca~dklate species and species of concern and state sensitive species, <br />7'~ These include Section 404 of the fedem{ Clean Water Act and the federa{ Endangere~ Species Act. <br /> <br />E~IBrT C~ - F~ND{NGS 42 <br /> <br /> <br />
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