OBJECTION TO IMPERMISSIBLE NEW EVIDENCE SUBMITTED BY APPLICANT <br />"OAKLEIGH CO-HOUSING'S PUD <br />(PDT 13-1) APPLICATION. <br />Submitted on October 16, 2013 by: <br />Paul Conte <br />1461 W. 10th Ave. <br />Eugene, OR 97402 <br />REUBVED" <br />CI i l OF EUGENE` <br />BUILDING & PE11MIT SVG$ <br />This serves as my notice of objection to new evidence submitted by the Applicant after <br />the close of the evidentiary record for the proposed Oakleigh Meadows Co-Housing <br />PUD. <br />The record in this case was closed to new evidence at 5:00 p.m. on October 9, 2013. <br />The Applicant submitted the following six documents for inclusion in the record on <br />October 16, 2013; <br />1. <br />OMC <br />_PDT 13-1- <br />Willard C Dixon Letter_Updated.pdf <br />2. <br />OMC <br />_PDT 13-1 <br />_CoHousing Partners Letter_Parking.pdf <br />3. <br />OMC <br />_PDT 13-1 <br />_SSW-Stormwater Letter w Calcs_Revised.pdf <br />4. <br />OMC <br />_PDT 13-1- <br />Access Engineering Letter2.pdf <br />5. <br />OMC <br />_PDT 13-1_ <br />Poage Engineering Letter w Files.pdf <br />6. <br />Eugene Arterial <br />& Collector Street Plan.pdf <br />As described below, these documents contain new evidence that is not permitted after <br />the record has been close to new evidence. <br />ORS 197.763(9)(b) defines "evidence" for purpose of quasi-judicial land use hearings as <br />"facts, documents, data or other information offered to demonstrate compliance or <br />noncompliance with the standards believed by the proponent to be relevant to the <br />decision." <br />I am requesting that the Hearings Official reject the documents containing new <br />evidence as not timely submitted. <br />If the Hearings Official re-opens the record to allow this new evidence, I am requesting <br />the record be left open until October 23, 2013 to allow me and other opponents to <br />submit additional evidence and argument in response to applicant's new evidence, <br />pursuant to ORS 197.763(6)(c) and/or ORS 197.763(7). <br />October 16, 2013 Conte objection to impermissible new evidence re PUD 13-1 1 1 Page <br />444 <br />