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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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7. The applicant shall submit an Irrevocable Petition for public improvements in <br />Oakleigh Lane to include paving, curbs and gutters, storm drainage, sidewalks, <br />and street trees. <br />In conjunction with these conditions, the Staff Report provides the required <br />"Constitutional Findings for Exaction." (SR at 15 and 16) These findings include <br />conclusions that are based on the analysis provided by the Eugene Public Works <br />Department (PWRP at 2 to 4). <br />The staff analysis and findings provide an unmistakably clear conclusion that Oakleigh <br />Lane must be improved to Low Volume Residential Street standards to adequately <br />handle the additional PUD resident vehicle trips, emergency vehicles and the current <br />and additional motorists, pedestrians and bicyclists: <br />"It is in the public's interest to have Oakleigh Lane consist of 45 feet of right-of way <br />through the development site's entry drive aisle and to consist of 33 feet beyond the <br />drive aisle to the terminus of the street in order to ensure: safety for pedestrians, <br />bicyclists and motorists traveling on Oakleigh Lane (a low-volume street); the <br />efficient provision of emergency services; and that the proposed development and <br />adjacent properties are accessible via Oakleigh Lane." <br />Note that this conclusion correctly identifies that Oakleigh Lane will fall into the Low <br />Volume Residential Street classification after the PUD is developed. As explained <br />above, however, Oakleigh Lane currently falls in the lower-volume, Access Lane <br />classification. <br />The findings go on to emphasize this requirement in no uncertain terms: <br />the public interest in safe vehicular, pedestrian and bicycle travel and emergency <br />response and access will be at risk if the 22.5 and 13 foot strips of right-of-way are <br />not dedicated." (Emphasis added.) <br />And again: <br />"Without the additional right-of-way, Oakleigh Lane cannot be improved to the <br />City's minimum street design standards and the 1645 new vehicle trips per day <br />generated by the proposed development, along with the additional pedestrian and <br />bicycle traffic generated by the proposed development will not be assured of safe <br />access via Oakleigh Lane." (Emphasis added.) <br />While these findings were presented to justify requiring the applicant to dedicate a <br />section of the development site as part of the Oakleigh Lane right-of-way, the <br />conclusion that a 45' right-of-way is necessary for the safety for pedestrians, bicyclists <br />and motorists is based on that right-of-way for the entire length of Oakleigh Lane. <br />5 Actually, the correct number is 169 ITE-ADT. <br />October 9, 2013 Conte testimony re PUD 13-1 71 P a g e <br />
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