code provisions that relate to this safety requirement. This cannot be allowed to happen again <br />because people's lives and safety are at stake. <br />In order to approve this PUD application - despite substantial evidence of significant <br />risks, as well as the legitimate concerns of citizens that Oakleigh Lane cannot provide safe, <br />adequate and unimpeded access to the PUD - commissioners must articulate precisely which <br />code criterion(a) provide(s) the assurance of safe, adequate and unimpeded access to the PUD. <br />Commissioners must further state how the applicant has proven, based on reliable evidence in the <br />record, that those criteria would be fully met once the proposed 29 dwelling units are occupied <br />and residents begin to use Oakleigh Lane as the only means of vehicular access to and from their <br />condos. <br />EUGENE CODE 9.8320(6) <br />IF OCCUPIED, THE PUD WOULD BE A SIGNIFICANT RISK TO PUBLIC SAFETY, <br />INCLUDING FROM IMPEDIMENTS TO EMERGENCY RESPONSE VIA OAKLEIGH LANE. <br />Eugene Code 9.8320(6) provides the most direct (despite poorly worded) criteria for evaluating <br />Oakleigh Lane: <br />"The PUD will not be a significant risk to public health and safety, including but not <br />limited to soil erosion, slope failure, stormwater or flood hazard, or an impediment to <br />emergency response." <br />This code section requires that the proposed development would, with certainty, meet two <br />criteria at such time as the proposed PUD were occupied and its residents and others were <br />using Oakleigh Lane for vehicular and other modes of access to and from the PUD: <br />There would not be a significant risk to PUD residents, residents of current dwellings on <br />Oakleigh Lane or other parties who travel by vehicle, bicycle, foot or wheelchair in, or <br />otherwise use, Oakleigh Lane; and <br />2. There would be no impediment to emergency response via Oakleigh Lane to the <br />proposed PUD site. <br />This code section cannot reasonably be interpreted as addressing only how the physical <br />structures on the PUD site may pose risks and/or present impediments. The criteria can have a <br />reasonable effect in implementing the purpose of the land use code to "protect and promote the <br />safety and general welfare of the public" only by the Planning Commission considering what <br />risks the PUD residents would be exposed to, as well as what risks to others might arise, by the <br />PUD residents' occupancy and the use of Oakleigh Lane by PUD residents, guests, service <br />personnel and emergency responders. <br />With respect to Oakleigh Lane, which is the only vehicular access to the proposed PUD, <br />a significant risk to future PUD residents arises from impediments to emergency response to <br />incidents on the PUD site. The PUD residents, as well as all others who use Oakleigh Lane <br />would also be at heightened and significant risk from the substantial increase in vehicular <br />traffic generated by the PUD on the narrow, unimproved street. <br />Conte Appeal Testimony PDT 13-1 Page 2 April 12, 2017 <br />