Joint Response Committee

November 9, 2017



October 2, 2017


Update: According to the city, the applicant has applied for a 70-day extension, which would place the hearing sometime in January. We have no idea why. Normally, a Planned Unit Development applicant has 120 days from the time they submit their application to the city to the day when the application has to be declared "complete." At that point, a hearing date is set. The CHPUD application was "forced" complete before the 120 day mark in early September. ("Forced" complete means that the city still had questions and troubles with the application, but the applicant declared it complete in order to move forward in the process.) At this point, a date was set for a hearing. And at this point I thought we would all gather our forces to make our arguments at the hearing--a fair enough process. However, it turns out that according to city rules the applicant is allowed to change and update the application after it has been deemed "complete." This means that our preparations have to be done on the fly--we have to constantly pivot and change up to the day of the hearing. During this pre-hearing phase, any evidence we provide to the city is shown to the applicant, and they can pivot to rebut us before we even get to the hearing. Needless to say, "complete" means nothing in this process. Also, it seems, that the 120-day window has no meaning. If the applicant is granted another 70 days to change their application (rather than pull their application and start again or fail at the hearing and start again), then there essentially is no such thing as "complete" or a time line. In a process that already disadvantages citizens in favor of anything-goes development, I wonder how the bending of the rules here serves as an abrogation of our rights to have a voice in this process.

September 21, 2017

The Spreading of False Information

Correction: We had a good meeting with the Fairmont Neighbors on 9/19. The applicant was present to contradict our literature and he falsely stated the number of units he intends to build. As stated in our literature, his proposal includes 33 lots with 37 dwelling units. When he spoke, I believe what he did was eliminate the lot where his house stands and two adjacent lots, but that is deceptive because those lots are part of his proposal. The lots to the right and left of his house will be build able lots, according to the proposal. So we just want to correct the record here and be as accurate as we can.  As "proof," I have attached a screen shot of the recent site plan that shows lot 33 right in the middle. You can also see the full site plans for yourself by going to:

November 9, 2017

New Map

New Map

July 20, 2017

Visual Study of Traffic Situation

July 20, 2017

Overview Map

Please look for updates from the Joint Response Committee




Thanks to all who attended the Public Hearing on Wednesday.  Harris Hall was packed with people opposing the Capital Hill PUD !We’d especially like to

thank everyone who gave verbal testimony.  Excellent job !

The Hearings Official is Virginia Gustafson Lucker, who seemed to be a good listener and a fair person. Before the hearing, she visited the site, which is unusual and probably works to our advantage. 

Eugene Planners Nick Gioello and Gabe Flock and Eugene Public Works

Engineer Eric Favreau gave the first presentation, which was an overview of their staff report.

The applicant’s representative, Carol Schirmer, then talked about the

proposed development. There didn’t seem to be any surprises. 

The applicant’s attorney, Bill Kloos, followed with a lengthy speech about legal technicalities in a 12 page (plus many attachments) memo he submitted on 3/6/18.  

Our Attorney, Sean Malone, then spoke and briefly countered Kloos.

Tom Bruno, Response Committee Co-Chair, gave a short overview of the Response Committee’s position and provided our 250 + page Response

Document to the Hearings Official.

Jim Mehrwein (our forester) and Gunnar Schlieder (our geo-technical expert) gave their presentations.  Both were impressive in directly disputing information in the  application.  Gunnar’s geotechnical report was an eye

opener as to landslide dangers. 

You may view it here:


Two people testified in favor of the project:  a real estate agent and the Homebuilder’s Association President.

Several people (about 20) who oppose the CHPUD then spoke.  Everyone did a fantastic job covering a wide variety of topics.

Cynthia Dreyer spoke about the many ways the CHPUD would benefit the neighborhood and the City of  Eugene.

The city staff is writing an additional report, given all of the new evidence presented.

All parties agreed to the following timeline:

Now through 3/21/18 @ 5PM : Continue submitting into the record new

evidence, written testimony and letters.

Beginning 3/22/18 through 3/30/18 @ 5PM: Argument only, no new evidence can be submitted. 

Beginning 3/31/18 through 4/6/18 @5PM:  Rebuttals by the Applicant only. 

The Hearings Official’s decision is due on or before Friday April 20th at 5PM.  We’ll send an email to everyone as soon as we know the outcome.

We want to thank everyone for the many excellent letters sent to Nick Gioello and the Hearings Official. Everything should now be posted on the planning website.

You can continue to send letters through March 21st @ 5PM to :  

For more information and to view new postings, go to : 

We know that we've cluttered the neighborhood with our yard signs,  but we

do feel our sign campaign has been effective. 

Please leave them in place for a little while longer.  We'll send instructions about what to do with them soon.  

In the last year we raised almost $12,000 in donations from about 43 

families. We are again asking for donations to pay for continuing professional expertise, as well as possible future appeals. Please consider donating.  Any amount is appreciated.

The Donation request form is attached below.

Thank You,

The Capital Hill PUD Response Committee

December 13, 2017








Issues to Raise with the City Re:  Capital Hill PUD (PDT 17 – 01)


If You Live On Or Near Access Roads to the Proposed Development:



This subdivision is planned using existing roads that are substandard and narrow, with almost no sidewalks and many blind curves. Pedestrians

and bicyclists are already required to use the road right of way. The existing access is currently unsafe. Adding more cars, pedestrians and bicyclists would make the road even more dangerous.


Tell the planning department about your experiences:

Vehicular accidents and close calls

Jumping off the street to avoid oncoming cars

Bike accidents

Utility interruptions and/or inability to access your home because of

traffic accidents


Emergency Response:

We have narrow, winding streets with some on-street parking

Imagine an earthquake or fire with residents fleeing down the hill,

meeting emergency response crews on the way up.

An Oakland Hills or Santa Rosa type catastrophic fire would be very

difficult to fight with limited access.


Earthquakes and Landslides:

This proposed development includes and is surrounded by land with high

or very high likelihood of landslide.

Roads could be destroyed, leaving firemen and EMT’s to respond on foot!

This is a very real possibility when the next large earthquake hits.

Buildout of the proposed new development on steep slopes would increase landslide danger


If You Care About Hendricks Park:


This tentative PUD application will be decided based on city statutes governing development. This is a quasi -judicial process that only looks at legal arguments.

We, as neighbors and citizens of Eugene, need to speak out about the importance of Hendricks Park to the City and to future planning decisions.

The 13.6 acre property proposed for this housing development is at the

top of the hill above the park. 

When ascending through the 78 acre Hendricks Park along the ridgeline,

the park ends where this development begins. Do we really want to

forever destroy the views, serenity and open space that is cherished by all Eugene residents and visitors?


This land is special!


Hendricks Park is Eugene’s grand urban park; a treasured amenity

coveted by many great cities.

As planned and envisioned in Eugene’s South Hills Study, we as a community have documented our desire to preserve hilltop land from

dense development and preserve our forested skyline.


If You Are a Fairmount Neighbor:


The build out of this proposed development has been estimated to add over 100,000 trips up Spring Boulevard and Capital Drive. Traffic from Spring Boulevard flows onto Fairmount Boulevard, then accesses Agate,

Columbia, Moss, Villard, Orchard and Walnut Streets.

This traffic increase will affect the whole Fairmount neighborhood! 27th Street to Columbia and 24th Street to East Eugene will also be affected..


If You Are a Eugene Citizen:


This is about Hendricks Park, Eugene’s oldest city park at the top of the hill.

It’s not just a neighborhood park.  It’s the “sacred land” that borders Pre’s Rock, contains a world-class rhododendron garden and is a favorite of

both Eugene citizens and out-of-town visitors.

Historically, citizens have stepped up to preserve the hilltops in Eugene. Skinner’s Butte and Spencer’s Butte were not allowed to be developed, through generous and thoughtful consideration by civic-minded citizens. Capital Hill/Hendricks Park is every bit as noteworthy as each of these Eugene landmarks. The trees are irreplaceable.  Once the trees are gone, they are gone forever. Hendricks Park deserves protection and preservation!



If you would prefer to mail a letter to Nick, please use the address



Nick Gioello

Assistant Planner

City of Eugene

Planning and Development

99 West 10th Avenue

Eugene, Oregon    97401

December 13, 2017




Submit to the Eugene Planning Dept. concerns about the proposed Capital Hill Planned Unit Development (Capital Hill PUD).  Below are 2 easy ways to do this:


  1. 1. Forward this email to  Include in your forwarding comments your full name(s), your mailing address (so you receive written updates from the city) and an indication like “I/We agree with the enclosed.”  Add additional concerns in your forwarding

  2. 2.comments if you desire.




  1. 2. Print out this email, write on it or on an additional piece of paper your full name(s), your mailing address (so you receive written updates the city) and an indication like “I/We agree with the enclosed.”  Add additional comments if you wish.  Mail this information to: Mr. Nicholas Gioello, Associate Planner; City of Eugene; Planning & Development

  2. 3.Dept.; 99 W. 10th Ave.; Eugene OR 97401.



Please Enter This Statement into the Official Record


Dear Mr. Gioello:


This letter urges denial of the pending application for the Capital Hill PUD.  This alarming development would have irreversible dangerous and damaging impacts to our entire community.


Environmental.  Plans propose up to 38 units on extremely steep land.  Grading for road construction, underground utilities and home sites will require logging of as many as 450 trees and destruction of almost 6.5 acres of natural habitat, increasing landslide potential in the area.  The site is immediately south of Hendricks Park and west of the Ribbon Trail.  Extensive tree removal will also increase the likelihood of devastating

wind throw damage in these irreplaceable, highly regarded public spaces.


Safety.  The area’s winding, narrow local streets currently are hazardous for pedestrians, bicyclists and vehicles.  These streets are already inadequate for emergency response, especially in an extreme condition.  

The project would create a substantial amount of new traffic increasing these risks. 


South Hills Study.  Eugene’s South Hills Study was adopted to encourage preservation of ridgeline trees, open space & connecting trails.  The Study concluded that land in the South Hills area “constitutes a unique and irreplaceable community asset.”  The proposed development is in South Hills.  Increasing the number of units by over 500% (from 7 existing units to 38) violates the intent of the Study.


Affordability.  Although the pending application states otherwise, the project will not provide “a variety of dwelling types [for] all income

groups” as encouraged by city codes.  Only 6 of the potential 32 new units may be apartments.  The Response Committee estimates that lot prices

will be $200,000+.  Add extensive engineering costs for steep terrain and costs will quickly surpass Eugene’s $277,100 median sales price.  Final building costs could easily reach well over $600,000.


Eugene Development Code Compliance.  The proposed project does not fully comply with Eugene planning codes.  Examples of non-compliance include: the PUD “will not be a significant risk to public health and safety…[it will not create] slope failure…or [create] an impediment to emergency response.”  Also, the Application erroneously states that the PUD

minimizes “impacts to the natural environment” and will have “minimal impacts [on] traffic.”


Thank you for considering these important issues to ensure the safety

and stability of our neighborhood. 

November 9, 2017

Progress Report

Joint Response Committee of the Fairmount Neighbors Association

& Laurel Hill Valley Citizens

Progress Report Regarding the Proposed Capital Hill Planned Unit Development (CHPUD) 11/07/17


NOTE: The Hearing date for the proposed Capital Hill PUD has been postponed and is now tentatively scheduled for Wednesday, January

10, 2018 at 5:30 pm in Harris Hall. It is possible that the developer may request further delays.


Update: Our investigations are confirming that the proposed CHPUD does not comply with many requirements of Eugene’s planning codes. This large development would have dangerous, damaging, and irreversible impacts

on our entire community. For example:

  * It jeopardizes the safety of pedestrians, motor traffic, and emergency services response time throughout the existing and proposed roadways.

  * It plans up to 37 dwelling units on 13.6 acres of extremely steep land, resulting in an estimated average 24% slope of buildable portions of lots, excluding the preservation areas.

  * It requests logging of up to 450 trees (over 50% of existing trees) which would increase landslide potential and expose trees in Hendricks Park and the Ribbon Trail to significant damage and wind-throw.

  * It claims to provide a variety of housing for all income levels. However, cost for each lot and utility services would likely be over $200,000. Each owner would then have to build a custom home. Thus, total costs would easily exceed $600,000, more than twice Eugene’s $277,100 median home sales price.


Three Actions You Can Take:


1. Plan to attend the Public Hearing. It is very important for our side to have a supportive crowd attending. It shows the Hearings Official that those living in the affected neighborhoods are actively concerned about the proposed PUD.


2. Consider offering a short [2-3 minutes], oral statement at the Hearing and/or submitting a written statement for the Public Record. Focus on how the development would affect you. Some key issues are described above. We must act now to protect our environment and irreplaceable public spaces. Ridgeline forest destruction would be visible from across the city.


  *Remember to include your full name(s), mailing address (this is important), your email, and a request that your comments be added to the Hearing Record.

  * Send your email to: (Mr. Gioello is the Associate Planner assigned to this project).


  1. 3.Make a tax-deductible donation in any amount to support our efforts. We must enlist paid professional consultants to provide technical reports that evaluate, question, and counter the often incomplete and erroneous claims of the development application. Work by our lawyer, forester, geotechnical engineer, and traffic engineer is underway; plus we must prepare for a possible appeal of the Hearing decision within a short

  2. 4.timeline. We have already raised almost $11,000 and need to raise an additional $9,000 for consultants’ continuing work.


  * Make your tax-deductible contribution check payable to: “Laurel Hill Valley Citizens”; write “Capital Hill PUD Response” in the memo section of your check.

  * On a separate paper, please include your name, address, phone, and email. You will receive a receipt for tax purposes [LHVC is a 501(c)3 organization].

  * Please mail to: Joint Response Committee, c/o Cathy Johnson, 2490 Malabar Drive, Eugene, OR 97403


Thank you very much for your active support of our efforts. With a strong collaboration of neighbors in both Laurel Hill and Fairmount we will be

able to ensure that the PUD application complies with Eugene Codes and does not irreversibly damage or endanger our neighborhoods.


* For more information, including web links to Eugene Planning documents on file, please visit our website:


Please let us know if you have questions or comments, or wish to volunteer for help in contacting your neighbors.


November 9, 2017

New Date for Hearing: January 10th!

New date for hearing is January 10!

November 9, 2017

Request for Donation Sheet (You can

drag and drop)

December 7, 2017 - A Planned Unit Development (PUD) has been

submitted to the City for evaluation and approval. The location is at the top of Capital Hill Drive on the border between LHVC and Fairmont, and contiguous with Hendricks Park on two sides.  LHVC and Fairmont have formed a joint PUD Response Committee to draft the official neighborhood response to the proposal. The LHVC Executive Committee has appointed Sheryl Kelly and Tom Bruno as LHVC co-chairs to the response committee. On the Fairmont side, the CHPUD committee is led by Jason Brown, Faris Casell and Nate Teich Neighborhood concerns include the large number of additional homes, the number of trees to be removed, traffic safety and landslides, among other concerns. The committee has enlisted several professionals, including a forester, a geotechnical engineer, and a traffic engineer to assist in their work.  These professionals will need to be paid,

so LHVC is accepting donations to

defray the costs.  You can contact Tom at <> to get

moreinformation, or to make a contribution. Also Cathy Johnson Cathy Johnson <>.

The City has returned the applicant's paperwork submission twice as


incomplete as of the end of June.  So we don't currently know when the

PUD application will be deemed complete and a public hearing scheduled


determine whether the PUD meets the City's criteria for approval.  If you

would like to be kept informed about this PUD application and the

neighborhood response, please send your email address to the LHVC

Secretary, Natalie Whitson <>.

If you want to view the PUD proposal as submitted to the City, all the

documents can be found here: