1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />II <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)882-8447 <br />Fax (541) M-5414 <br />require dedication of half of that width, "22.5' of right-of-way along the . <br />northerly boundary of the development between the westerly boundary of <br />the proposed development and a line that is 50' east of the westerly <br />boundary." Rec. 1256. Public Works staff also recommended imposing a <br />condition that would require dedication of land that could eventually <br />accommodate an emergency vehicle turnaround at the end of Oakleigh Lane. <br />See Rec. 1000; 1443 (App-7). Pending further development of vacant <br />parcels to the north, when the permanent emergency turnaround would be <br />built, the City approved a temporary emergency turnaround that is entirely <br />accommodated on site.4 See map at Rec. 1036 (temporary emergency <br />turnaround identified on that map as "Fire Turnaround"). The Hearings <br />Official imposed the conditions recommended by the Planning Commission. <br />In order to impose the dedication requirements, the City was required <br />to adopt Dolan findings justifying the exaction. Rec. 1256-1257. Public <br />Works staff referral comments included those Dolan findings, which <br />demonstrate 1) that there is a legitimate state interest justifying the <br />imposition of the exaction, 2) that there is a nexus between the permit <br />condition and the legitimate state interest, and 3) that the exaction and the <br />anticipated impact of the proposed development are "roughly proportionate." <br />See Rec. 19-20. The findings were incorporated verbatim into the Hearings <br />Official's decision. Rec. 41-43. <br />Intervenor relies on these Dolan findings to support his theory that <br />' The staff report provides: <br />"Construction of the hammerhead turnaround is not necessary or <br />feasible at this time; the need will be based on further development of <br />adjacent lands to the north. The right-of-way secured with this <br />development will enable future development of that northerly <br />property." Rec. 1000. <br />Page 8 - BRIEF OF RESPONDENT <br />