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new private public structured parking spaces <br />--~ on a site currently providing 84 surface <br />~.:~..:..: parking spaces, and developed in conjunction <br />with a new private parking structure on the <br />northwest corner of 10th and Pearl, <br />substantially as described in the February 8, <br />1995 Eugene City Council/Urban Renewal Agency <br />item summary entitled "LTD Parking Mitigation -~ <br />overpack/Pearl Street options," <br />2. In the event that parking spaces contemplated by the <br />Overpack expansion or the alternative 10th and Pearl <br />mitigation option are not available at the time that 25% <br />or more of the 176 surface parking spaces become <br />unavailable for use by students attending the Lane <br />Community College Downtown Center, then and in that event <br />LTD will provide alternative access until such time as <br />the parking spaces become available, Such alternative <br />access may include but is not limited to park and rides, <br />special routes, and any other mechanisms which facilitate <br />student access to the Lane Community College Downtown <br />Center. <br />3. It is understood that fulfillment of this condition is <br />dependent upon additional federal mitigation funding and upon <br />the City's fulfillment of its commitments as expressed in the <br />April 12, 1994 letter agreement and in the June, 1995 letter <br />from Mr. Farkas to Mr. Moskus attached hereto as Exhibit <br />~E "}. Accordingly, in the event the parking mitigation <br />options are frustrated far any reason, LTD shall have the <br />right to request removal ar alteration of the subject <br />condition. Any such alteration shall be classified as a <br />"major modification" of the permit and shall require a full <br />hearing at which LCC shall be entitled to raise any issues of <br />compatibility and adverse impact related to parking removal <br />that it might have raised at the original CUP hearing. <br />DI~CC~SSI~N AND FINDINGS <br />A. F~.ndin s of Fact <br />At the tir.~e of the original conditional use permit hearing, it was <br />the intent of the City to mitigate the loss~of.parking created,by <br />the development of the LTD transit station by increasing the size <br />of the Overpack parking garage. Since that time, a new parking <br />structure complex has been approved for development, consisting of <br />two arter--block structures located on the west side of Pearl <br />Street vn bath sides of 10th Avenue. This parking scheme is <br />intended to be in lieu of an expansion of the overpack. The use <br />2 ~-- FINDINGS OF HEARINGS OFFICIAL ~MD~ 9.5-8} <br />~:1,luS1~i~DIhiGS~MD ~S-8 (~uS:dap~ <br />