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Admin Order 58-99-05
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Admin Order 58-99-05
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Last modified
8/25/2008 4:16:26 PM
Creation date
8/14/2008 12:05:50 PM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Closure West of Bailey Hill
Document_Date
2/25/1999
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No
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Stewart Road Closure <br /> May 10, 1999 <br /> Page 9 <br /> closure as that the cut through traffic had not decreased, and had resulted in one <br /> accident on the private property. <br /> <br /> . gain, because the City made its decision prior to a hearing, the evidence <br /> gathere at the hearing does not entirely support the City's decision. Here, however, the <br /> problem is not an error of categorical exclusion of evidence, it is a matter of degree. The <br /> City co cluded that cut-through traffic should decline and therefore gave it less <br /> signific nce. The fact that it did not decline as quickly as the City expected does not <br /> mean th t the City will eventually prove to be wrong. It does, however, mean that the <br /> City did not give the appropriate weight to this particular aspect of the total decision. <br /> .055(b) Standards, limitations, and rules promulgated by the Oregon <br /> Transp rtation Commission or the Oregon Public Utility Commission or their <br /> success rs. <br /> here do not appear to be any standards that apply. <br /> .055(c) Other recognized traffic control standards. <br /> 0 other traffic control standards appear to apply to the problem presented by <br /> Stewart Road. <br /> .055(d) The city's adopted transportation-related plans and policies. <br /> here are no adopted transportation related plans or policies that bear on the <br /> decisio to close Stewart Road. The draft Eugene street plan identifies Stewart Road as a <br /> collecto street, but until that plan is adopted, it has no relevance to a decision concerning <br /> Stewart Road. The draft Eugene Springfield Transportation System Plan bicycle element <br /> calls fo bicycle access by way of bike lanes or as a bicycle rout. As an unadopted plan <br /> this has no bearing on the decision. <br /> he prior decision mistakenly stated that the designation of Stewart Road as a <br /> collect r street was already in effect. The unadopted character of the plans was not made <br /> clear in the previous evidence. Until the plans are adopted they are advisory only and <br /> cannot a considered as a part of the criteria listed in Eugene Code section 5.055. <br /> here are other City adopted transportation-related policies that affect <br /> conside ation of solutions to Stewart Road. Eugene Code chapter 7, especially section <br /> 7.160, overns the initiation of public improvement projects. If Stewart Road is to be <br /> improv d it will be by means of the Iocal improvement project initiation processes in <br /> section 7.160. A proposed improvement such as Stewart Road improvements would be <br /> can be nitiated in three ways: by the petition of a property owner, by the City Council, or <br /> by the ity Engineer when the property owners of property that would bear more than <br /> half th estimated assessment for the improvement are not opposed. None of these <br /> conditi ns apply. Therefore, under the present circumstances, the improvements that <br /> would e necessary to bring Stewart Road up to acceptable standards cannot be initiated. <br /> his is not, however, a permanent impediment. Indeed, the closure of Stewart <br /> Road as labeled "temporary" because it was contemplated that eventually such <br /> improv ments would be initiated. The local improvement policies, including the policies <br /> conce ing initiation of improvements, do not direct that streets that are not scheduled for <br /> <br />
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