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PDT 17-1
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Public Testimony (Opposition)
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Last modified
4/25/2018 9:08:26 AM
Creation date
3/7/2018 11:42:49 AM
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Template:
PDD_Planning_Development
File Type
PDT
File Year
17
File Sequence Number
1
Application Name
CAPITAL HILL PUD
Document Type
Public Testimony
Document_Date
3/7/2018
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Yes
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THE DIFFERENCE BETWEEN CONFORMANCE & EXACTION <br />intersection with River Road, a main thoroughfare). Among other deficiencies, Oakleigh Lane <br />lacks any sidewalk, forcing pedestrians and wheelchair users moving between River Road and <br />the PUD to share the narrow travel lane with motor vehicles, including emergency response <br />vehicles. The EPC recognized that Oakleigh Lane presented a risk to future PUD residents (as <br />well as current residents); and, based on Oakleigh Lane's deficiencies, the EPC found the <br />following: <br />a) For conformance with Eugene Code (EC) 9.8320(5)(a),3 "[i]t is in the public's interest to <br />have Oakleigh Lane consist of 45 feet of right-of way [to allow improvements] through <br />the development site's entry drive aisle and to consist of 33 feet beyond the drive aisle to <br />the terminus of the street in order to ensure: safety for pedestrians, bicyclists and <br />motorists traveling on Oakleigh Lane (a low-volume street) [and] the efficient provision <br />of emergency services * * <br />"Without the additional right-of-way, Oakleigh Lane cannot be improved to the City's <br />minimum street design standards and the 164 new vehicle trips per day generated by <br />the proposed development, along with the additional pedestrian and bicycle traffic <br />generated by the proposed development, will not be assured of safe access's via Oakleigh <br />Lane. * * <br />b) For conformance with the EC 9.6505(3)(b) criteria,5 "[t]he applicant shall submit an <br />Irrevocable Petition for public improvements in Oakleigh Lane to include paving, curbs <br />and gutters, storm drainage, sidewalks,6 and street trees." [This applies only adjacent to <br />the PUD site.] <br />c) Oakleigh Lane would not, in its current condition, provide "safe and adequate <br />pedestrian and bicyclist access" between River Road and the PUD, as required by <br />EC 9.8320(5)(b).7 <br />Without getting into contested details of these findings, the undisputed point is that the EPC <br />found that Oakleigh Lane requires improvements to be safe for pedestrians. Opponents argued <br />that, to safely separate pedestrians and motor vehicles, a sidewalk the entire length of Oakleigh <br />3 See Exhibit A. <br />4 Despite this explicit identification that "the additional pedestrian and bicycle traffic generated by the <br />proposed development, will not be assured of safe access," city staff have made the ludicrous claim <br />(and the Hearings Official and EPC went along) that this statement applied only to fitture needs for <br />safety improvements. <br />5 See Exhibits A and B. Mandatory approval criterion EC 9.8320(10)(b) requires that the PUD complies <br />with "EC 9.6500 through EC 9.6505 Public Improvement Standards. <br />6 Although this irrevocable petition for improvements was necessitated by the finding for "safe and <br />adequate" access for "traffic generated by the proposed development," the staff proposed deferring <br />the actual improvements to some future and unlikely petition for a local improvement district by <br />residents of Oakleigh Lane. <br />7 See Exhibit A. <br />Page 12 <br />
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