Eugene Planning Commission <br />December 11, 2013 <br />Page 3 - <br />AttachmentA . PC Final Order (PDT 13-1) <br />There is no challenge to the exaction findings themselves in this case. That would be an <br />argument that an applicant would typically make to fight the City's ability to require that it <br />dedicate land to the. public. The -gist of Appellant's Tenth Assignment of Error is that the <br />exaction findings (referenced above) demonstrate that neither- Oakleigh Lane nor the bike/ped <br />path will be safe unless they are improved, and unless Oakleigh Lane is improved all the way to <br />the east end of the subject property. The Hearings Official concludes that the exaction findings <br />cannot be read to say that the existing roadway is not safe, Decision at 27, and concludes that the <br />existing paved surface provides safe passage of vehicles. Decision at 26. That finding is based <br />on evidence' in the PW Referral Comments. Regarding the need for Oakleigh Lane to be <br />immediately improved, Public Works staff stated:' <br />"With the exception of street lights, Oakleigh Lane has an approximate 19 foot wide <br />paved surface, but has not been improved to city standards, lacking curbs and gutters, <br />storm drainage, sidewalks, and street trees. As is typical for unimproved local streets in <br />the River Road area, i.e., those streets which do not have paving, curb & gutter and <br />sidewalks or which have not been striped to identify dedicated travel lanes; the <br />expectation is.that pedestrians and bicyclists will share the paved surface with vehicles. <br />Additionally, there is a tendency on dead end streets such as Oakleigh, for motorists to <br />travel at slower, more cautious speeds, because of the perceived narrowness of the street. <br />Until such time that property owners elect to improve Oakleigh Lane - to frill City <br />standards, including sidewalks, the existing paved surface in Oakleigh Street will <br />continue to adequately provide for motorized and foot traffic, as well as for emergency <br />vehicles and delivery services, provided the paved surface is not blocked by parked <br />vehicles. Since the' existing paved surface provides safe passage for two-way vehicular <br />traffic, bicycles, pedestrians and emergency vehicles, and since there is nothing to <br />suggest that the impacts of the proposed development will result in unsafe conditions in <br />Oakleigh Lane, it is appropriate to defer public improvements via an irrevocable <br />petition." (PH-30 at 14). <br />To address Assignment of Error M.A., the Planning Commission has to decide whether <br />the Hearings Official erred in concluding that the Dolan findings do not determine that vehicle, <br />bike and pedestrian traffic along Oakleigh Lane will be unsafe unless the full length of Oakleigh <br />Lane is improved now. <br />ACD:abm <br />lt}!.of Eitgerle T2 Soh Ave = Eygene 0# 97 QT • 54--T 682=8447 r 541 82-5414-Fax <br />(0.0108854;1) <br />117 <br />