approving the proposed PUD without first improving Oakleigh Lane will <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />14 <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 />CITY OF EUGEN 26 <br />CklY ATTORNEY'S <br />OFFICE. <br />125 E. a Avenue <br />Eugene, OR 07401 <br />Phone (541) 682-8447 <br />Fax(541)682.5414 <br />create an unsafe transportation system. The findings Intervenor points to <br />provide: <br />"It is in the public's interest to have Oakleigh Lane consist of 45 feet <br />of right-of-way through the development site's entry drive aisle and to <br />consist of 33 feet beyond the drive aisle to the terminus of the street in <br />order to ensure: safety for pedestrians, bicyclists and motorists <br />traveling on Oakleigh Lane (a low-volumc street); the efficient <br />provision of emergency services; and that the proposed development <br />and adjacent properties are accessible via Oakleigh Lane." <br />"There is a nexus between the requirement to dedicate 22.5 feet of <br />right-of-way west of the drive aisle and 13 feet east of the drive aisle <br />and the public interest at issue. The 22.5 feet of right-of-way will <br />result in one--half of the 45 feet of right-of-way which is necessary to <br />construct Oakleigh Lane to the City's minimum street design <br />standards which have been established for a low-volume street. <br />Because 45 feet of right-of way is the minimum amount of right-of- <br />way necessary to construct Oakleigh Lane in this manner as a low- <br />volume street, * * * the public interest in safe vehicular, pedestrian <br />and bicycle travel and emergency response and access will be at risk if <br />the 22.5 and 13 foot strips of right-of-way are not dedicated. <br /> <br />"Without the additional right-of-way, Oakleigh Lane cannot be <br />improved to the City's minimum street design standards and the 164 <br />new vehicle trips per day generated by the proposed development, <br />along with the additional pedestrian and bicycle traffic generated by <br />the proposed development, will not be assured of safe access via <br />Oakleigh Lane. This is the last opportunity that the City will have to <br />require the dedication of the right-of-way prior to the City needing the <br />right-of-way for street construction." Rec. 41-42. <br />Petitioners and Intervenor read this language as a requirement that Oakleigh <br />Lane must be "improved" to the minimum width prior to approval of the <br />proposed PUD in order to ensure a safe road system. <br />Page 9 - BRIEF OF RESPONDENT <br />