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7-28-15 Trautman Public Comment (01)
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7-28-15 Trautman Public Comment (01)
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4/27/2017 4:32:34 PM
Creation date
7/28/2015 2:03:40 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Public Comments
Document_Date
7/28/2015
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Yes
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13 <br />Local Rec. 1256. The Hearings Official imposed the conditions recommended <br />by the Public Works staff. <br />In order to impose the dedication requirements, the City was required to <br />adopt Dolan findings justifying the exaction. Local Rec. 1256-1257. See <br />Dolan v. City of Tigard, 512 U.S. 374, 114 S. Ct. 2309 (1994). Public Works <br />staff referral comments included those Dolan findings, which demonstrate 1) <br />that there is a legitimate state interest justifying the imposition of the exaction, <br />2) that there is a nexus between the permit condition and the legitimate state <br />interest, and 3) that the exaction and the anticipated impact of the proposed <br />development are "roughly proportionate." See Local Rec. 19-20. The findings <br />were incorporated verbatim into the Hearings Official's decision. Local Rec. <br />41-43. <br />At LUBA and before this Court, Petitioners rely on these Dolan findings <br />to support their theory that approving the proposed PUD without first <br />improving Oakleigh Lane will create an unsafe transportation system. The <br />findings Petitioners point to provide: <br />"It is in the public's interest to have Oakleigh Lane consist of 45 <br />feet of right-of-way through the development site's entry drive <br />aisle and to consist of 33 feet beyond the drive aisle to the terminus <br />of the street in order to ensure: safety for pedestrians, bicyclists <br />and motorists traveling on Oakleigh Lane (a low-volume street); <br />the efficient provision of emergency services; and that the <br />proposed development and adjacent properties are accessible via <br />Oakleigh Lane." <br />
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