LAW OFFICE OF BILL KLOOS, PC <br />OREGON LAND USE LAW <br />th <br />375 W. 4AVENUE, SUITE 204 <br />EUGENE, OR 97401 <br />TEL BK: 541.343.8596BILL KLOOS <br />WEB: WWW.LANDUSEOREGON.COMBILLKLOOS@LANDUSEOREGON.COM <br />July9, 2019 <br />Eugene Planning Commission <br />c/o Nick Gioello <br />Planning Division <br />th <br />99 W. 10Avenue <br />Eugene, OR 97401 <br />Re: Rebuttal Testimony -Capital Hill PUD(PDT 17-1), On Remand from LUBA <br />Dear Planning Commissioners: <br />We represent the Applicants for the Capital Hill PUD (PDT 17-1). This letter and <br />attached documents respond to the testimony and evidence submitted by the Neighbors prior to <br />the June18, 2019 deadline for initial evidence on remand. For the Planning Commission’s <br />convenience, this response is organized by topic area with reference to the issuesraised by <br />Neighbors as well as theApplicants’evidentiary responses provided as attachments. This <br />response addresses both substantivearguments and procedural issues. <br />Response to Arguments: <br />The subject property is similar to allother steep-sloped sites throughout the City;the <br />evidence demonstrates that Capital Hill PUDcan be developed safely with no adverse on- <br />site or off-site impacts. <br />Neighbors and their representatives assert that the subject property is unique because <br />DOGAMI has recently mapped the property as having moderate to very high risk of landslide <br />activity. See,Attachment 1, page 1 and 3. Neighbors’ claims are not accurate;the site is similar <br />tomany of Eugene’s South Hills sites, some of which have been developed, others not. <br />Importantly, the proposal is similar to many successful and safe PUDs developed throughout the <br />City without adverse on-site or off-site impacts. <br />Attachment 1 includes a series of excerpts from the DOGAMI SLIDO: Statewide <br />1 <br />Landslide Information Layer for Oregon website.Page 1 shows the legend, with clear areas <br />unlikely to have slide activity, yellow signifying moderate landslides possible, orange signifying <br />high hazards and red signifying very high and existing landslides. Page 2 shows the hazard map <br />overlaying an aerial image of the City of Eugene. Thehazardlayer has been made somewhat <br /> <br />1 <br />Available at: https://gis.dogami.oregon.gov/maps/slido/ <br />