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LUBA RET. EX 076/077 RE-I (2)
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LUBA RET. EX 076/077 RE-I (2)
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Last modified
4/27/2017 4:32:31 PM
Creation date
3/28/2017 3:49:15 PM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
13
File Sequence Number
1
Application Name
OAKLEIGH COHOUSING
Document Type
LUBA Materials
Document_Date
10/9/2013
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Yes
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So, the City staff finding that the traffic from proposed development will have nothing <br />by "minimal off-site impacts" relies on the only actual detailed analysis by staff of the <br />conditions that would exist if the PUD were approved and Oakleigh Lane still had a <br />right-of-way 25 feet narrower than the City standard (45') and remained unimproved <br />and unmaintained. And that analysis concluded that "safe vehicular, pedestrian and <br />bicycle travel and emergency response and access will be at risk." <br />That analysis provides solid evidence that the increased traffic will - one way or <br />another have major off-site impacts. Either: <br />a) The Oakleigh Lane right-of-way will not be widened and the additional traffic <br />will create an unsafe situation for current residents who drive, walk or bicycle on <br />Oakleigh Lane; or <br />b) Current property owners on the south side of Oakleigh Lane will lose 221/2' feet <br />of their property to expand the right-of-way, owners on the north side of <br />Oakleigh Lane will lose 21/2' feet of their property to expand the right-of-way, <br />and all the owners will have to pay tens of thousands of dollars in assessments to <br />improve Oakleigh Lane to minimum City standards. <br />EC 9.8320(13) <br />The Staff Report states: <br />"As noted at EC 9.8320(5)(c) in regards to traffic, , the proposed development will <br />have minimal off-site impacts related to traffic..." <br />Neither the Staff Report, nor the PWD Referral Comments even mention "minimal" or <br />provide any finding that demonstrates "minimal off-site impacts." <br />Neither of these documents provides any findings to explain how doubling or tripling <br />the impact of vehicular traffic on Oakleigh Lane meets the criterion of being <br />"reasonably compatible and harmonious with adjacent and nearby land uses," i.e., the <br />19 households by which all of the PUD traffic will pass. <br />Furthermore, as demonstrated under EC 9.8320(12), above, the increased traffic will <br />have major negative off-site impacts. <br />October 9, 2013 Conte testimony re PUD 13-1 20 1 P a g e <br />
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