Revised Final Order of Planning Commission on Remand from LUBA

Eugene Planning Commission December 11, 2013 Page 3 Attachment A There is no challenge to the exaction findings themselves in this case. That would be an argument that an applicant would typically make to fight the City's ability to require that it dedicate land to the public. The gist of Appellant's Tenth Assignment of Error is that the exaction findings (referenced above) demonstrate that neither Oakleigh Lane nor the bike/ped path will be safe unless they are improved, and unless Oakleigh Lane is improved all the way to the east end of the subject property. The Hearings Official concludes that the exaction findings cannot be read to say that the existing roadway is not safe, Decision at 27, and concludes that the existing paved surface provides safe passage of vehicles- Decision at 26. That finding is based on evidence in the PW Referral Comments. Regarding the need for Oakleigh Lane to be immediately improved, Public Works staff stated: "With the exception of street lights, Oakleigh Lane has an approximate 19 foot wide paved surface, but has not been improved to city standards, lacking curbs and gutters, storm drainage, sidewalks, and street trees. As is typical for unimproved local streets in the River Road area, i.e., those streets which do not have paving, curb & gutter and sidewalks or which have not been striped to identify dedicated travel lanes; the expectation is that pedestrians and bicyclists will share the paved surface with vehicles. Additionally, there is a tendency on dead end streets such as Oakleigh, for motorists to travel at slower, more cautious speeds, because of the perceived narrowness of the street. Until such time that property owners elect to improve Oakleigh Lane to full City standards, including sidewalks, the existing paved surface in Oakleigh Street will continue to adequately provide for motorized and foot traffic, as well as for emergency vehicles and delivery services, provided the paved surface is not blocked by parked vehicles. Since the existing paved surface provides safe passage for two-way vehicular traffic, bicycles, pedestrians and emergency vehicles, and since there is nothing to suggest that the impacts of the proposed development will result in unsafe conditions in Oakleigh Lane, it is appropriate to defer public improvements via an irrevocable petition." (PH-30 at 14). To address Assignment of Error 10.A., the Planning Commission has to decide whether the Hearings Official erred in concluding that the Dolan findings do not determine that vehicle, bike and pedestrian traffic along Oakleigh Lane will be unsafe unless the full length of Oakleigh Lane is improved now. ACD:abm City of Et.igene • 125 E. 8th Ave. e Eugene, OR 97401 • 541-682-8447 . 541-682-5414s=ax vim, eugene-or. gov {00108854;1 ;