Sean T. Malone <br />Attorney at Law <br />259 E. Fifth Ave., Tel. (303) 859-0403 <br />Suite 200-C Fax (650) 471-7366 <br />Eugene, OR 97401 seanmalone8@hotmail.com <br />July 9, 2019 <br />Via Email <br />Eugene Planning Commission <br />c/o Eugene Planning and Development <br />th <br />99 W. 10 Ave <br />Eugene, OR 97401 <br />nick.r.gioello@ci.eugene.or.us <br />NGioello@eugene-or.gov <br />Re: FNA/LHVC Response Remand Testimony the Capitol Hill Tentative PUD Plan <br />Application, PDT 17-001, Map 18030431 <br />Please accept this responsive remand (LUBA No. 2018-080) testimony on behalf of the <br />Fairmount Neighborhood Association, Laurel hill Valley Citizens and the Joint Response <br />Committee of the Fairmount Neighborhood Association and Laurel Hill Valley Citizens for the <br />Capitol Hill Tentative PUD plan application (Neighbors). This testimony responds to the <br />applicants materials submitted on by June 18, 2019. More specifically, this testimony is <br />presented as alternate proposed findings to the applicants proposed findings. Because the <br />applicants proposed findings do not contain page numbers, page numbers have been included on <br />the attached applicants proposed findings in the bottom right hand corner. Neighbors will refer <br />to the relevant page numbers and other indicators where the Neighbors proposed alternate <br />findings should be located. <br />Alternate finding <br /> Page 2, first indented paragraph: Change Thee to The. <br />Alternate finding <br /> Page 4, first full paragraph should be replaced with the following: <br />Because the Planning Commission finds the Geoscience Inc. materials to be more credible than <br />that submitted by Branch Engineering and their representatives, these findings summarize the <br />evidence it relies upon to reach its conclusion. <br />Alternate finding <br /> Page 4, after the sixth bullet point, add the following additional <br />bullet point: <br /> <br />June 17, 2019 Technical review and Geotechnical/Geological Investigation Re: LUBA <br />Remand, Capital Hill PUD (PDT 17-0001) of Branch Engineering Materials dated May 14, <br />1 <br />