Eugene Planning Commission . <br />September 11, 2015 <br />Page 3 <br />(1) Legitimate State Interest <br />"It is in the public's interest to have Oakleigh Lane consist of a 45 feet of right- <br />of-way through the development site's drive aisle and to consist of 33 feet <br />beyond the drive aisle to the terminus of the street in order to ensure the safety <br />of pedestrians, bicyclists and motorists traveling ,on Oakleigh Lane (a low- <br />volume street), to ensure the efficient provision of emergency services and to <br />guarantee that the proposed development and adjacent properties are <br />accessible via Oakleigh Lane." September 17, 2013 Memorandum from Ed Haney, <br />Public Works to Becky Taylor, p. 2 (Emphasis added). LUBA Rec. 1256. <br />(2) Nexus Between Permit Condition and State Interest <br />"There is a nexus between the requirement to dedicate 22.5 feet of right-of- <br />way through the drive aisle and to dedicate 13 feet of right-of-way east of the <br />drive aisle to end of the proposed turnaround and the public interest at issue. <br />The 22.5 feet of right-of-way will result in one-half of the 45 feet of right-of-way <br />which is necessary to construct. Oakleigh Lane to the City's minimum street <br />design standards which have been established for a low-volume street. The 13 <br />feet of right-of-way will provide sufficient right-of-way on the south side of the <br />centerline to construct an emergency vehicle turnaround with adjacent <br />sidewalks to City standards. Improving Oakleigh Lame to these standards will <br />allow for two-way vehicular and bicycle traffic, will provide separation <br />between vehicular traffic and pedestrians and will also provide for emergency <br />response and access to adjacent lots. Because 45 feet of right-of-way is the <br />minimum amount of right-of-way necessary to construct Oakleigh Lane in this <br />manner as.a low volume residential street, and because 33 feet of right-of-way <br />is the minimum amount of right-of-way necessary to construct the turnaround <br />at this location, the public interest in safe vehicular, pedestrian and bicycle <br />travel and emergency vehicle response and access will be at risk if the 22.5 foot <br />and 13 foot strips of right-of-way are not dedicated." Id. at 3 (Emphasis added). <br />LUBA Rec. 1257. <br />(3) Rough Proportionality of Exaction and Impact <br />"The requirement to dedicate 22.5 feet of right-of-way from the westerly <br />boundary of the proposed development through the primary drive aisle and 13 <br />feet from the drive aisle to a line that is 117 feet east of the existing terminus of <br />the right-of-way is roughly proportional to the impact that the proposed <br />development will have on the City's transportation facilities.. The proposed <br />development will result in 29 new residential units. These residential units will <br />be accessible only from Oakleigh Lane. Currently, 25 lots, consisting of a mix of <br />residential, general office and commercial zoning have structures that take <br />access onto Oakleigh Lane; thus, the additional 29 residential units will increase <br />the number of structures that access Oakleigh Lane by over 100 percent. The <br />306 <br />426 <br />