G <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />CITY OF EUGENE <br />CITY ATTORNEY"S <br />OFFICE <br />125 E. 8" Avenue <br />Eugene, OR 97401 <br />Phone (541) 682-8447 <br />Fax(541)682-5434 <br />1. PETITIONERS' STANDING <br />Respondent City of Eugene ("the City") accepts that Oakleigh- <br />McClure Neighbors, Bryn Thorns, Sandy Thoms, Tammy Crafton, Karen <br />Fleener-Gould, Scott Fleener-Gould, Cecelia Baxter-Heintz and Paul Baxter- <br />I Heintz ("Petitioners"), and Paul Conte and Simon. Trautman ("Intervenor- <br />Petitioners") have standing to appear before the Board. <br />H. STATEMENT OF THE CASE <br />A. Nature of the Land Use Decision <br />The City accepts Petitioners' summary of the Nature of the Decision <br />I and Relief Sought. <br />B. Summary of Arguments <br />Under the City's land use code and common practice, a roadway <br />serving a proposed development need not be fully improved to full city <br />standards prior to final land use approval, unless there is a documented <br />concern regarding safety. In this case, the Hearings Official and Planning <br />Commission determined that Oakleigh Lane in its current condition is <br />adequate to serve the increased traffic to be generated from the proposed <br />PUD. Conditions of approval imposed by the City, including conditions <br />requiring dedication of land for right-of--way that will facilitate future <br />roadway improvements, are adequate to demonstrate compliance with <br />relevant approval criteria regarding safety of transportation systems. <br />The City did not err in including easements in the acreage of land <br />considered part of the residential use for purposes of calculating net density. <br />C. Summary of Material Facts <br />Respondent City of Eugene provides the following summary of <br />material facts: <br />Page 1 -BRIEF OF RESPONDENT <br />