LSL claims that this condition is violated by WinCo's proposed modifications to <br />the 1988 Site Plans because they have not submitted a plan with the Application to address the <br />traffic generated by other sites over the past 32 years. 13 <br />As background, the SR 88-11 application sought immediate approval for <br />construction of the retail store on the Property, as well as preliminary/tentative approval of a <br />secondary "Phase II" development of the planned shopping center on adjacent parcels, which <br />first needed to be rezoned and/or acquired by the developer. (SR 88-11 decision, Ex. 3.) This <br />Phase II development was intended for the land now occupied by PetSmart, Office Depot, etc. <br />Phase II, however, never moved forward. Rather, this land was partitioned and sold to PetSmart <br />in 1993, who then obtained a revocation of the 1988 site plan approval and corresponding Site <br />Review Agreement as they applied to the Phase II land.14 <br />Accordingly, this condition is inapplicable because it is directed at other sites and <br />for a future development that never occurred. <br />But even if this condition was directed at the Property, LSL's argument is still <br />flawed because the language is plainly directed at the original construction work, e.g., it <br />discusses the Property's "future connection to Crescent Avenue," which was completed in 1989. <br />13 In this case, the additional traffic purportedly required to be ameliorated by WinCo would include the traffic <br />generated by the entire Crescent Village development constructed by LSL and its sister companies, which covers <br />approximately 33 acres surrounding Crescent Avenue and includes more than 700 apartment units, tens of thousands <br />of square feet of commercial and office space and, in the future, a planned shopping center and large grocery store. <br />See LSL's application materials for planned unit development (PDT 16-003), available on the City website at <br />hops://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=PDT-16-0003. See also the Traffic Impact <br />Analysis study submitted therein, describing future development plans, attached as Exhibit 14 to WinCo's August 3, <br />2020, letter. <br />14 See 1993 Revocation Agreement between City and PetSmart, Inc.; part of SR 93-6, attached as Exhibit 13. <br />Page 14 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />