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 />WY OF EUGENE <br />CITY ATTORNEY'S <br />OFFICE <br />125 E, a Avenue <br />Eugene, OR 97401 <br />Phone (541) 682-8447 <br />Fax(541)682-5414 <br />criteria addressing safety of the transportation system. As explained above, <br />there is one road, Oakleigh Lane, providing access to the proposed PUD <br />from River Road, the area's major arterial, which runs generally north/south. <br />See Rec. 571; App-2. Oakleigh Lane, which runs east/west, intersects with <br />River Road at its western terminus. Intervenor describes Oakleigh Lane as <br />"a narrow, substandard, dead-end lane." Intervenor's Brief 3. The City <br />agrees that Oakleigh Lane is a dead-end roadway and that it is not improved <br />to full city standards. However, the City does not agree that Oakleigh Lane <br />is otherwise inadequate to serve the needs of the proposed PUD, as <br />Petitioners have asserted throughout the local proceedings, and continue to <br />assert here. As discussed in more detail below, both the Hearings Official <br />and the Planning Commission determined that Oakleigh Lane was in fact <br />adequate to serve the residents of the PUD and did not pose a safety risk <br />based on the anticipated increase in traffic resulting from the PUD. <br />A second theme presented in this appeal is the proper means of <br />dealing with incremental development. The issue of what improvements <br />(public or privately funded) must be completed prior to final approval of a <br />private development is an ongoing issue everywhere. The constitutional <br />restrictions placed on local government limiting the improvements that can <br />be required of a private developer, and the increasingly limited resources <br />available to local governments, require local governments to find innovative <br />ways to plan for and fund public infrastructure, including street <br />improvements. . <br />For purposes of improving streets to city standards, the City requires <br />Accordinglyy, for purposes of this brief, the term "Intervenor" shall refer to <br />Intervenor-Petitioner Conte. <br />Page 3 - BRIEF OF RESPONDENT <br />