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 ATroRNEY'S <br />OFFICE <br />125 E. 8" Avenue <br />Eugene, OR 97401 <br />Phone (541) 682-8447 <br />Fax(541)6B2-5444 <br />dedications from developers of land for future road improvements when and <br />where it can. All roads serving a development cannot and need not always <br />be fully improved to city standards at the time of land use application <br />approval. However, the City attempts to impose conditions of approval as a <br />means of acquiring dedications of land that satisfy the minimum right-of- <br />way requirements to facilitate possible future improvements to those streets. <br />Where streets need not be fully improved at the time a land use application <br />is approved, the City will also require the applicant to execute an irrevocable. <br />petition that will ensure that the applicant pays its fair share of the costs of <br />any future street improvements. <br />In this case, the City determined that, based on the anticipated <br />increase in traffic generated from the proposed PUD, Oakleigh Lane did not <br />have to be widened at this time. However, the City did require the applicant <br />to dedicate land that was sufficient to provide one half of the width of the <br />minimum right-of-way necessary for future improvement of a portion of the <br />street. Condition #3; Rec. 83. The City also imposed a condition requiring <br />the applicant to execute an irrevocable petition for public improvements to <br />Oakleigh Lane. Condition #7; Rec. 83. <br />B. Response to First Assignment of Error (Conte) <br />The City did not err in concluding that the proposed PUD <br />complied with EC 9.8320(5), (6) and (11)(b) and would provide a <br />safe and adequate transportation systems <br />1. Combined Response to First, Second and Third <br />Subassignments of Error (I.A., 1.B., and 1.C.) <br />The City was not required to impose a condition requiring <br />improvement of a 45-foot-wide strip of Oakleigh Lane (I.A.) <br />Page 4 - BRIEF OF RESPONDENT <br />