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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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Furthermore, it is infeasible to dedicate the required 45' right-of-way and to improve <br />Oakleigh Lane to meet the minimum standards required for Low Volume <br />Residential Streets, which would be necessary to avoid the risk and to safely and <br />adequately handle the vehicle, pedestrian and bicycle traffic that will occur if the <br />PUD is approved. <br />• EC 9.8320(11): The PUD complies with all of the following: <br />(b) EC 9.6500 through EC 9.6505 Public Improvement Standards. <br />EC 9.6500 Easements <br />EC 9.6505 Improvements-Specifications <br />EC 9.6505(3) Streets and Alleys and (4) Sidewalks <br />EC 9.6505(5) Bicycle Paths and Accessways. <br />The applicant did not meet the requirements for an exception to Street Connectivity <br />and, did not address the requirements for the approval criteria under sections EC <br />9.6815(2)(b), (c) and (d). <br />As the Public Works staff analysis concluded, and the evidence supports, under the <br />current narrow and substandard condition of Oakleigh Lane, safe vehicular, <br />pedestrian and bicycle travel and emergency response and access will be at risk, if <br />the PUD is approved. <br />• EC 9.8320(12): The proposed development shall have minimal off-site impacts, <br />including impacts such as traffic, noise, stormwater runoff and environmental <br />quality. <br />The'.doubling of traffic (daily round trips) and the tripling of impacts (arising from <br />increased "pass-bys") on the face of it demonstrates much more than "minimal" off- <br />site impacts, and the record contains no evidence or analysis to demonstrate <br />otherwise. <br />Further, the evidence demonstrates that the increased traffic generated if the PUD <br />were approved would cause one or the other of the following major off-site impacts: <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 />October 9, 2013 Conte testimony re PUD 13-1 22 1 P a g e <br />
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