~Tp 1~ - I <br />October 23, 2013 <br />Established 1970 <br />Celebrathig 42 jwu•s <br />of Excellence! <br />Attorney <br />Zack P. Mittge <br />zmittge@eugenelaw.com <br />Legal Assistant <br />Erin Lynch <br />elyncb@eugenelaw.com <br />400 WOOLWORTH <br />BUILDING <br />1J Willamette Street <br />MAIL: PO Box 10886 <br />Eugene, Oregon <br />97440 <br />PHONE <br />541 686-9160 <br />FAX <br />541 343-8693 <br />www.eugenelaw.com <br />Ken Helm, City of Eugene <br />Hearings Official <br />c / o Becky Taylor <br />Associate Planner <br />Eugene Planning Division <br />99 West 10t" Avenue <br />Eugene, OR 97401 <br />T s <br />Re: Final Rebuttal <br />Our Client; Oakleigh Meadow Co-Housing, LLC <br />Our File No. C1343 <br />Dear Hearings Official Helm: <br />On behalf of our clients, Oakleigh Meadow Co-Housing, we submit <br />this letter as the final rebuttal of the application for Tentative Planned Unit <br />Development Approval (PDT 13-001), and for Willamette River Greenway <br />permit approval (WG 13-001). This letter is intended to supplement the <br />testimony already provided in support of the application, and to respond to <br />issues raised in the testimony before the Hearings Official. Failure to address <br />a particular issue in this rebuttal does not, and should not be construed as, <br />conceding or waiving this issue for the purposed of the Hearings Official's <br />review. <br />Please include this letter in the record of these proceedings, and <br />provide us with a copy of the City's final decision in this matter. <br />A. Open-Record Sequence <br />As a preliminary matter, we need to address a letter from Mr. Paul <br />Conte which was apparently submitted on October 16, 2013, and which <br />objects to six documents that Mr. Conte alleges were submitted after the close <br />of the evidentiary record in this matter. <br />At the hearing on October 2, 2013, the Hearings Official specified the <br />following open-record sequence: (1) October 9, 2013: the deadline for the <br />submission of evidence on any topic into the record; (2) October 16, 2013: the <br />deadline for submission of evidence and testimony and testimony responsive <br />to those materials which were introduced into the record on or before <br />433 <br />Attorneys and <br />Counselors at Law <br />