The Planning Commission made clear, however, that the findings <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 />CITY OF EUGENE 6 <br />CITY ATTORNEYS <br />OFFICE <br />125 E. a Avenue <br />Eugene, OR 97401 <br />Phone (54€) 682.8447 <br />Fax(541)682-5414 <br />support no such requirement: <br />"The PC finds that the constitutional findings in the Public Works <br />referral comments are limited to justification for a proportional right- <br />of-way exaction along the frontage of the subject property that would <br />accommodate future public street improvements. The constitutional <br />findings address a future need for street improvements abutting the <br />property, rather than any immediate need, based on safety issues or <br />otherwise, associated with the proposed PUD. The PC concludes that <br />no additional right-of-way dedication or street improvements are <br />necessary to meet the approval criteria." Rec. 9. <br />The Planning Commission explicitly found that immediate improvements <br />are not necessary. That finding was based on the expert opinion of city <br />traffic engineering staff: <br />"With the exception of streetlights, Oakleigh Lane has an <br />approximate 19 foot wide paved surface, but has not been improved to <br />city standards; lacking curbs and gutters, storm drainage, sidewalks, <br />and street trees. As is typical for unimproved local streets in the River <br />Road area, i.e., those streets which do not have paving, curb & gutter <br />and sidewalks or which have not been striped to identify dedicated <br />travel lanes; the expectation is that pedestrians and bicyclists will <br />share the paved surface with vehicles. Additionally, there is a <br />tendency on dead end streets such as Oakleigh, for motorists to travel <br />at slower, more cautious speeds, because of the perceived narrowness <br />of the street. Until such time that property owners elect to improve . <br />Oakleigh Lane to full City standards, including sidewalks, the existing <br />paved surface in Oakleigh Street will continue to adequately provide <br />for motorized and foot traffic, as well as for emergency vehicles and <br />delivery services, provided the paved surface is not blocked by parked <br />vehicles. Since the existing paved surface provides safe passage for <br />two-way vehicular traffic, bicycles, pedestrians and emergency <br />vehicles, and since there is nothing to suggest that the impacts of the <br />proposed development will result in unsafe conditions in Oakleigh <br />Lane, it is appropriate to defer public improvements via an irrevocable <br />Page 10 -BRIEF OF REsPONDENT <br />