2017 Remand – Applicant Final Rebuttal 5-3-17

Eugene Planning Commission May 3, 2017 Page 4 of 10 2. "Her report does not refer to crash history for the area or provide her opinion concerning the safety of Oakleigh Lane apart from pointing out that the existing road does not meet certain design standards." Id. (Emphasis added). 3. "Based on Ms. Nemariam's scope of work it appears that she was not hired to conduct an analysis of the safety of Oakleigh Lane or the impacts of the PUD on the road." Id. (Emphasis added). 4. "Ms. Nemariam does go through the City of Eugene design standards... However, these are standards that would be applied only at the time of improvement of the street to urban standards." Id. at 2. In short, the opponents engineers did not address safety on Oakleigh Lane, because they were not hired to do so. Instead, they highlight differences between Oakleigh Lane and City design standards and inapplicable standards because that's what they were hired to do. This limited analysis of current design standards does not establish that Oakleigh Lane is unsafe - only that some improvement, may need to be made in order to bring the street up to current standards in the future. Oakleigh Meadow, LLC has contributed (through the dedication of property), and is committed to contributing its proportionate share to that future development when the street is annexed and developed to City standards. Until that that time, it will improve the safety and functionality of Oakleigh Lane. C. Oakleigh Lane will Continue to Function Acceptably with the Proposed Development. The evidence before the Planning Commission clearly establishes that the Oakleigh Lane will continue to function acceptably with the proposed PUD. In particular, it is undisputed that Oakleigh Lane can safely accommodate trips from existing uses and the proposed PUD. This conclusion is supported by professional opinion of licensed traffic engineers establishing that Oakleigh Lane has adequate 'capacity, and no safety or speed issues that would be impacted by the Tentative PUD, to wit: Contrary to the opponent's apparent assumption, the dimensional standards in the City's street design standards are not immutable rules for future improvements in the area in any case. As noted by professional traffic engineer Michael Weishar, "the City's Design Standards and Guidelines allow deviations to a narrower street cross sections 'due to the limitations of the existing right of way."' April 26, 2017 Letter from Access Engineering to Planning Commission, p, 2. Hence, as Public Works noted in 2013, "some creative design" may be required when the time comes for improvement of the street based on the existing pattern of development. September 9, 2013 Letter from Ed Haney to Becky Taylor, p. 10.