Open Record 3 final rebuttal by applicant (10-17-18)

Virginia Gustafson Lucker, Hearings Official October 17, 2018 Page 10 Frohnmayer Bridge and extends eastward in order enable a future extension to Knickerbocker Bridge on the north side of the railroad tracks. The alignment responds to desires for public access along the river, enhanced safety by activating the rivers edge and improving sightlines, and improved ecological function. The southern alignment utilizes the existing culvert crossing within the Millrace Slough. The alignment does not extend east past Frohnmayer Bridge, as constructing a path to the Knickerbocker Bridge on the north side of the railroad tracks may not be feasible due to physical constraints. The alignment instead connects to Riverfront Parkway and Millrace Drive, which is the current eastward travel pattern for pedestrians and bicyclists. The alignment responds to desires to expand the riparian area, improve ecological function, and minimize conflicts between recreation and habitat uses. Regarding the Alder Street Rail Crossing, the University acknowledges this proposed future crossing by indicating it on the Pedestrian and Bicycle Primary Circulation Plan (Plan Exhibit A Sheet L03) and agrees to design any building near this proposed crossing to avoid interference with the crossing. The University supports the Citys Transportation System Plan and will cooperate to integrate the crossing into the bike path improvements proposed in the Plan at the time of a future project. G. Duration of the Plan Opponents arguments: Opponents argue against the Universitys proposed 30-year timeline for the CUP and Greenway permits associated with the Plan. Opponents note that, under EC 9.7340, the Citys default for a CUP is 18 months, and that the maximum extension associated with a modification to a CUP is an additional 18 months. See, e.g., Oct. 3 Cziko letter at Issue 2. Universitys response: EC 9.7340 explicitly allows the City to set a longer timeline for a CUP and a Greenway permit as appropriate. Permits associated with the prior 1988 master site plan for the S-RP zone had a duration of 20 years, and those permits were upheld by LUBA. Moreover, the City granted a three-year extension to those permits, and that extension was also upheld by LUBA. The University has explained that the 30-year timeline is needed given the vast area covered by the Plan and the uncertain timing of capital needed to complete development contemplated by the Plan. See Plan application narrative at 93. The Citys staff supports the Universitys timeline for the Plan. See Staff Report at 21. The Universitys proposed timeline for the Plan is therefore consistent with EC 9.7340. The University proposes a new CUP and Greenway permit for the Plan, not a modification of prior, now expired permits. The time limit associated with modification of a CUP under EC 9.7340 therefore is not applicable to the Universitys application.