Resolution No. 4780 - Laserfiche WebLink

Home Browse Search

Subassif!nment of Error l( e) Petitioners argued that the local governments' findings inadequately addressed OAR 660- 012-0070(8) by failing to address whether the rural lands adjacent to the Modified Alignment would be adversely affected by increased accessibility. Criterion on remand: OAR 660-012-0070(8) "To address Goal 2, Part lI( c)( 4), the exception shall: (a) Describe the adverse effects that the proposed transportation improvement is likely to have on the surrounding rural lands and land uses, including increased traffic and pressure for nonfarm or highway oriented development on areas made more accessible by the transportation improvement; (b) Adopt as part of the exception, facility design and land use measures which minimize accessibility of rural lands from the proposed transportation facility or improvement and support continued rural use of surrounding lands." LUBA's direction on remand: "Subassignment of error 1 ( e) is sustained to the limited extent that is assigns error to respondents' failure to consider and address accessibility impacts that can be attributed to the change in the Approved Project that the challenged decisions made by approving the Modified Project corridor." Response and Explanation of Findings: The local jurisdictions findings specifically address the requirements of OAR 660-012- 0070(8) at pages 47-49 of the C-1 findings. In addition, the explanation provided above regarding Goal 2, Part lI(c)(4) also addresses this remand item. What follows is a description and additional explanation of the findings that address accessibility impacts attributable to the changes contained in the Modified Project. The findings discussed above show that the limited access design feature of the facility will minimize access to the neighboring agricultural land. Findings Exhibit C-1, pages 47 - 49. The Modified Alignment will close the existing Highway 126/Goble Lane access, and relocate it to an existing driveway west of Goble Lane. That action will help limit local access by reducing the number of access points onto the new highway. C-1 findings, page 47. Also, contrary to the Approved Design, the Modified Alignment will not have a direct connection with W. 11th Avenue west of Greenhill Road. That action will eliminate another access to the highway from the surrounding EFU land and is an . improvement over the Approved Design. The railroad tracks south of the future Modified Project also create a barrier that minimizes accessibility to the rural lands in this area. C-1 findings, page 48. 4