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 />July15, 2019 <br />Eugene Planning Commission <br />c/o Nick Gioello <br />PlanningDivision <br />th <br />99 W. 10Avenue <br />Eugene, OR 97401 <br />Re: Applicant’s Final Argument -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 />attachedproposed findings and conditions represent the Applicants’ final argument to this <br />remand proceeding. <br />The Applicants respectfully request that the Planning Commission approve the <br />application and adopt the proposed findings and conditions of approval attached hereto. The <br />attached comprehensive findings are amended from the findings we previously proposed and <br />address issues raised by parties throughout the remand proceeding. <br />The materials submitted by Neighbors and their attorneyfor the July 9 rebuttal period <br />offer nothing new of substance for the Planning Commission to consider. One neighbor <br />(Reynolds) expressed hope that the proposed development would have to exercise the same care <br />for stormwater management that they have had to take with respect to their house now being <br />constructed. Besides the fact that LUBA did not remand on the stormwater issue, stormwater <br />has been effectively addressedby the proposal. The stormwater from the public facilities have <br />been managed in a way that will not increasepeak volume flows off site or to any downstream <br />location. The recommended standards for design and construction contained in the PUD’s <br />geotechnical analysis, compliance with which is imposed by Condition of Approval 10, requires <br />that all residences meet the same stringent standards of effective stormwater management that <br />the proposal and the Reynolds have had to meet. The stormwater issues discussed in all of the <br />materials submitted during the rebuttal period have been addressed. <br />The rebuttal materials also express concerns about landslides, relying heavily on the <br />GeoScience, Inc. materials. The GeoScience materials document the hazard areas identified by <br />DOGAMI and diagram where landslides would flow should they occur. They ultimately <br />speculate that landslides will happen and follow the approach typical of opposition testimony – <br />claim that more data is needed. Nothing in the GeoScience materials conclusively states that <br />