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AMNON,- dh&~-N• • • Planning Commission FINAL ORDER OF THE EUGENE PLANNING COMMISSION ON APPEAL OF THE HEARINGS OFFICIAL'S TENTATIVE APPROVAL FOR CAPITAL HILL PUD (PDT 17-1) 1. INTRODUCTION This final order concerns two appeals of a decision by the Eugene Hearings Official to approve a tentative planned unit development (PUD). The Eugene Hearings Official held the initial public hearing on this request on March 7, 2018. Following the hearing and open record period for additional testimony, she approved the applicant's tentative PUD with 20 conditions of approval on April 20, 2018. Two appeals were filed on May 7, 2018. One was filed by Bill Kloos, Attorney, on behalf of the applicant. While the applicant appears amenable to the decision made by the Hearings Official, even stating that had the opponents not filed an appeal they would withdraw their own appeal, the appeal raises two legal issues that are essentially the same two legal arguments it made before the Hearings Official. The second appeal was filed by the Joint Response Committee of the Fairmount Neighbors Association and Laurel Hill Valley Citizens, also on May 7, 2018. The neighbors' appeal includes 31 appeal issues, and attaches a letter from GeoScience, Inc., that raises further argument with respect to the Hearings Official's application of criteria related to geotechnical analysis. On May 9, 2018, the City mailed written notice of the appeals and the Planning Commission held the public hearing on the appeals on May 22, 2018. At the public hearing, attorney Bill Kloos and Carol Schirmer provided oral testimony on behalf of the applicant (and as appellant). Property owner and applicant Cynthia Dryer also provided testimony. Jason Brown, CW Murchison, Susan Hoffman and Gunnar Schlieder, provided testimony on behalf of the Joint Response Committee as appellant. Elizabeth Langston, Nathaniel Teich, Brent Lorschieder, Mark Conely, John O'Conner, Deborah Skell, Peggy Fisher, John Toner, Gavin McComas, Susan Hoffman and Annamarie Pihs spoke in opposition to the application. There was no public testimony in favor of or neutral regarding the application. The applicant's legal counsel, Bill Kloos, followed with final rebuttal testimony. Written testimony was also submitted by several individuals. The Planning Commission closed the public hearing and closed the record to additional testimony on May 22, 2018. The Planning Commission deliberated on the appeal issues at its meetings on June 4, 7 and 12, 2018, and reached its final decision on June 14, 2018. The Final Order: Capital Hill PUD (PDT 17-1) Page 1