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Revised Final Order of Planning Commission on Remand from LUBA
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Revised Final Order of Planning Commission on Remand from LUBA
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Last modified
4/27/2017 4:32:34 PM
Creation date
10/6/2015 11:06:59 AM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
Appeal Decision
Document_Date
10/6/2015
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Yes
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Referral comments from the Fire Marshal state no concern with the turnaround. The permanent <br />turnaround is anticipated at the end of Oakleigh Lane, when properties to the north further develop. <br />The condition that requires dedication for the temporary emergency vehicle access easement <br />(Condition #5) is necessary for compliance with EC 9.8320(6). <br />Finally, on remand, Mr. Trautman asserted that a portion of the paving on the south side of Oakleigh <br />Lane lies outside the dedicated right of way. He asserted that with the diminished paving width <br />available for travel by the public and emergency response vehicles, coupled with the fact that cars <br />often park on the side of the road, the PUD will create a significant risk to public health and safety. <br />The applicant argues that EC 9.8320(6) requires the City to determine whether the PUD itself is an <br />impediment to emergency response, not whether the configuration of Oakleigh Lane or all off-site <br />streets would be an impediment. The PC concludes that emergency response vehicles can access the <br />proposed PUD solely via Oakleigh Lane and that the ability of Oakleigh Lane to safely accommodate <br />emergency response vehicles is an issue that can be addressed in determining compliance with EC <br />9.8320(6). <br />The PC has reviewed all of the evidence and testimony submitted during the open record period, <br />including specifically a land survey (Eimstad survey) submitted by Mr. Trautman that shows the paving <br />width in relation to the dedicated right of way, a letter from professional traffic engineer, Michael <br />Weishar on behalf of the applicant, and excerpts from the City Council adopted Design Standards and <br />Guidelines for Eugene Streets, Sidewalks, Bikeways and Accessways. The record reflects that the <br />current paving width varies along the length of Oakleigh Lane, but that the paving width is <br />approximately 19 feet at most places. The survey shows that approximately 5-6 feet of the paving on <br />the south side of Oakleigh Lane lies outside the dedicated right of way. Although the existing paving <br />and the amount of paving that lies outside the dedicated right of way varies along the length of <br />Oakleigh Lane, the paving width that lies within the dedicated right of way measures at least 14 feet at <br />most places. Mr. Weishar provides expert testimony that, even assuming only 13 feet of paving is <br />available for travel by the public, this would adequately accommodate emergency vehicles. In support <br />of his opinion, Mr. Weishar relies on the following language found in the Design Standards and <br />Guidelines for Eugene Streets, Bikeways and Accessways: <br />"On local residential streets with traffic volumes less than 750 vehicles per day, a single 14' <br />traffic lane may be permitted for both directions of vehicular travel. The single lane is intended <br />to create a 'queuing street', such that when opposing vehicles meet, one of the vehicles must <br />yield by pulling into a vacant portion of the adjacent parking lane. This queuing effect has been <br />found to be an effective and safe method to reduce speeds and non-local traffic." <br />Evidence in the record, including color photographs, video footage and written submittals demonstrate <br />that, for most of the length of Oakleigh Lane, there are gravel parking areas that provide opportunities <br />for vehicles to pull over and allow other vehicles to pass, as called for in the language quoted above. <br />These gravel areas and the approximately 6 feet of paving that lies outside the right of way on the <br />south side of Oakleigh Lane will provide any necessary "parking lanes." <br />The survey also reflects that there is a very small area at the east end of Oakleigh Lane that only has <br />13.7 feet of paving within the right of way. In order to ensure unimpeded emergency response <br />Final Order: Oakleigh Meadows Co-Housing PUD (PDT 13-1) Page 6 <br />
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