<br />While LUBA could make a different decision in the future, in 2016, LUBA agreed with the <br /> previous decision that Oakleigh Lane does not need to be fully upgraded <br />2 <br />in order for EC 9.8320(5) to be met. Attachment A. The <br />City allows incremental improvement of streets as properties are subdivided and/or further <br />developed. Street improvements, which are most often required only along the frontage of a <br />developing property, are either required at the time of development or through an irrevocable <br />petition that grants the City authority to require improvements at a future time. <br /> <br />If the Planning Commission finds that EC 9.8320(5) does not make the applicant responsible for <br />full street improvements on portions of Oakleigh Lane not fronting the subject site, then the <br />Commission is left with the more subjective criteria at EC 9.8320(6): <br /> <br />The PUD will not be a significant risk to public health and safety, including but not limited to <br />soil erosion, slope failure, stormwater or flood hazard, or an impediment to emergency <br />response. <br /> <br />Study Area of Nemariam Traffic Assessment <br />The Nemariam traffic assessment (submitted by Paul Conte on 4/12/17) refers generally to <br />g findings and recommendations; however staff notes that the <br />his traffic assessment is a 250-foot segment at the eastern end of Oakleigh <br />Lane (not the entirety of Oakleigh Lane). Based on available evidence, it appears the 250-foot <br />study area is contained within the approximately 257.25-foot portion of Oakleigh Lane that was <br />annexed and is now under City of Eugene jurisdiction 3. A legal description from the annexation <br />decision (Final Order 1328) is included as Attachment B. <br /> <br />Parking Restrictions <br />The Nemariam traffic assessment discusses the presence of vehicles parked on both sides of <br />Oakleigh Lane. assessment shows that <br />cars are parked on both sides of Oakleigh Lane. If the Planning Commission finds that the lack of <br />parking restrictions creates a safety problem in light of EC 9.8320(6), then the Planning <br />Commission could consider imposing a condition that would require the applicant to mitigate <br />parking impacts. <br /> <br />Obstructions in the Right-of-Way <br />The Nemariam traffic assessment akleigh Lane Site Visit <br />Notes. This exhibit identifies features along Oakleigh Lane that have the potential to obstruct <br />vehicle access within the right-of-way. The features include vegetation and firewood storage <br />areas. <br />Code: <br /> <br /> <br />2 <br /> Pages 23-27, LUBA Final Order and Opinion, LUBA No. 015-077, 4/14/16 <br />3 <br /> Annexation was approved by the Lane County Local Government Boundary Commission, Final Order 1328, <br />effective March 24, 2008, City File # A 07-47. <br /> 2 <br /> <br /> <br />