Appeal Testimony re PDT 13-1 <br />April 12, 2017 <br />Eugene Planning Commission <br />c/o Erik Berg-Johansen, Associate Planner <br />City of Eugene <br />99 West 10th Avenue, <br />Eugene, OR 97401 <br />Submitted by: Paul Conte <br />Send notices to: 1461 W. 101h Ave., Eugene, OR 97402 <br />Re: City File No. PDT 13-1; Oakleigh PUD <br />Opposition to Hearings Official Decision <br />Dear Commissioners: <br />Frr`\f ` <br />APR 1. 2 2017 <br />U1I I Ui- z- ;vc <br />PLANNNG & DEVELOPMENT <br />The November 22, 2013 Appeal Statement ("Appeal Statement") for PDT 13-1 identified ten <br />assignments of error. This letter provides further explanation of several errors that are <br />enumerated in the Appeal Statement. Several of the Hearings Official's errors concerned the <br />safety, right-of-way and improvements (such as paving) and other aspects of Oakleigh Lane. In <br />addition, this letter addresses the lack of adequate fire services that must be available to the <br />proposed PUD site because Oakleigh Lane is unsafe and inadequate for fire truck access. <br />As explained in this letter, the proposed PUD fails to meet approval criteria (5), (6) and <br />(7) found under the applicable version of Eugene Code Chapter 9, Section 9.8320 Tentative <br />Planned Unit Development Approval Criteria- General. Each of these criteria is discussed in <br />detail below. <br />Before reviewing specific details, commissioners must recognize that somewhere among <br />the PUD approval criteria there must be one or more provision(s) that ensure residents, visitors, <br />commercial service personnel and emergency responders can drive to and from River Road to <br />the proposed PUD site at the end of Oakleigh Lane without endangering those aforementioned <br />parties, residents of current homes on Oakleigh Lane or other individuals who may be on <br />Oakleigh Lane as they drive, bicycle, walk, use a wheelchair or play. <br />This requirement is stated explicitly at the beginning of Chapter 9: <br />9.0020 Purpose. The purpose of the land use code is to protect and promote the health, <br />safety, and general welfare of the public and to preserve and enhance the economic, <br />social, and environmental qualities of the community. (Emphasis added.) <br />The Planning Commission has now twice dodged that fundamental requirement by relying on <br />piecemeal misinterpretations of the code and false evidence to eliminate, one-by-one, all of the <br />Conte Appeal Testimony PDT 13-1 Page 1 April 12, 2017 <br />