LUBA 076/077 VOL 2 of 2 - Laserfiche WebLink

• Eugene Planning Commission September 11, 2015 Page 4, construction of the new structures will result in an increase of vehicular traffic onto Oakleigh. Lane by approximately 168 new vehicular trips per day. See Trip. Generation Manual from the Institute of Transportation Engineers (ITE) for Residential Condo/ Townhouses (Category 230). Without the additional right-of-way, Oakleigh Lane cannot be improved to the City's minimum street design standards and the 168 new vehicle trips per day generated by the proposed development, will not be assured of safe access via Oakleigh Lane. This is the last opportunity that the City will have to require the dedication of the right-of-way prior to the City needing the right-of-way' for street construction." Id (Emphasis added). The opponents urge that where City staff balances the proportionality of the traffic impacts against the required half-street dedication, what it actually means is that Oakleigh Lane is unsafe. July 27, 2015 Appeal Testimony, p. 5. However; public works made no determination that Oakleigh Lane would be unsafe without the 45-foot right- of-way, "or being developed to City. Rather,. staff determined that the public interest would be served by acquiring the 22.5 feet and 13 feet of right-of-way south of the centerline now, so that the City would have this right-of-way when the street was ultimately improved to City standards. See September 17, 2013 Memorandum from Ed Haney to Becky Taylor, p. 10; LUBA Rec. 1264.1 Public Works staff went on to conclude that the existing street was safe, and to recommend deferring improvements of the street to City standards via an irrevocable petition for public improvements. Id. at 11 & • 14-15. LUBA Rec. 1265, 1268-9. Hence, the findings to which the opponents point as "[t]he only reliable evidence" of traffic safety issues on Oakleigh Lane, identify no traffic safety issue. 1 "Oakleigh Lane, which is described by the applicant on page 30 & 40 as 'having a county lane feeling' included a number of structures that were constructed close to the existing pavement and right-of-way, may result in the need for creative street design when the street is improved through a future LID process. Per Table 9.6870 the minimum right-of-way width for low-volume streets is 45'. The existing right-of-way in Oakleigh Lane is 20', which was dedicated by the properties to the north per the Plat of Oakleigh in 1927. Staff notes that the southerly margin of this 1927 dedication forms the centerline of Oakleigh Lane and that any additional dedications would be necessarily based on this centerline. Based on the right right-of-way requirement of 45' and the existing right-of-way width (which, as noted, is located entirely north of the centerline), an additional 22.5' south of the centerline is required. This dedication would satisfy the right-of-way requirement for properties south of centerline, with the remainder of the 45' right-of- way being required from the properties on the north side of the centerline." (Emphasis added).:. 307 427