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Phoenix will drop appeal of Medford Southeast Plan Traffic issue waits as both cities agree to regional thinking By WENDY SIPOREN PHOENIX -- In the spirit of neighbors helping neighbors, the city of Phoenix will drop its appeal of Medford's Southeast Plan. Phoenix Mayor Larry Parducci credits a new spirit of cooperation between cities in the valley for the City Council's decision Monday night. He said his city's concerns about the development's impact on Fern Valley Road traffic will be addressed as the area develops. "We just have their word that they are going to work with us on Fern Valley Road and we're going to work with them to make the Southeast Plan work," said Parducci. The Phoenix decision doesn't mean Medford's plans for a 1,000-acre neighborhood between Cherry Lane and Coal Mine Road east of North Phoenix Road will move ahead anytime soon. The Oregon Department of Transportation could block any development that would add significant traffic to the already-clogged south Medford freeway interchange. Also, it was not clear Tuesday whether the Land Use Board of Appeals might still rule on the concerns of a development company that also appealed the Southeast Plan. Phoenix filed its appeal with LUBA more than a year ago. City officials argued that Medford planners had not sufficiently included them in the planning process and had not addressed their traffic concerns. A decision from LUBA was first expected in October and is now scheduled for June 15. Medford City Councilman Skip Knight agrees with Parducci that the cities have shifted toward more regional thinking. "The city went ahead (with the Southeast Plan) without consulting or notifying our neighbors," he said. "We've got to look at what Medford does on a regional level. We've got to work collectively." Parducci credits cooperation with Medford officials in the regional traffic planning organization for a promise of $2.45 million from the Oregon Department of Transportation for improvements to the Fern Valley interchange in 2002. He hopes this cooperation will mean more funding will come Phoenix's way. An additional $13 million is needed for interchange improvements, including expanding Fern Valley Road to five lanes and moving Luman and North Phoenix roads. "You have to look at the big picture. Medford can help get money for Phoenix," Parducci said. "How can you ask someone for money when we're taking them to court?" Phoenix's decision to pull out of the appeal was made over the objections of Councilwoman Mary Jane Koelle, who cast the only dissenting vote. She said it made no sense to drop the appeal just a few weeks before a decision is expected. "I felt that the principle was important ... to me it's just throwing money away," she said. Phoenix officials estimate they have spent $10,000 in legal costs relating to the appeal. "I'll grant you (the atmosphere) has improved," said Koelle. "But there are no guarantees here. A legal decision would have required something." A second party to the appeal, Jackson Creek L.L.C., could not be reached for comment. Attorney Chris Hearn filed a brief with the Land Use Board of Appeals arguing that Medford failed to follow proper procedures in approving the plan. LUBA will decide whether to rule separately on the company's concerns. Even if the appeal is resolved in Medford's favor, large-scale development within the Southeast Plan is unlikely, according to Medford Planning Director Jim Eisenhard. The Oregon Department of Transportation reviews all zoning changes for their potential impact on traffic. Under state law, any proposed zone change that could put even one more car through the already crowded Barnett freeway interchange during rush hour could be prohibited. "Before any major portions (of Southeast) develop ... there will have to be some major facility improvements made," he said. Once traffic capacity is improved, Knight says he wants the major stakeholders in the area -- Bear Creek Corp., Rogue Valley Manor, the South Gateway Center and developers in the Southeast Plan -- to come up with some sort of allocation for who will be able to take advantage of the improvements. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA