1 Opinion by Bassham. <br />2 NATURE OF THE DECISION <br />3 Petitioners appeal a city planning commission decision denying their <br />4 applications for a zone change and related development approvals for a <br />5 residential planned unit development. <br />6 MOTION TO INTERVENE <br />7 Laurel Hill Valley Citizens (intervenor) moves to intervene on the side <br />8 of the city. There is no opposition, and the motion is allowed. <br />9 MOTIONS TO FILE REPLY BRIEFS <br />10 Petitioners request leave to file two reply briefs to respond to new <br />11 matters raised in the two response briefs. Intervenor and the city move to strike <br />12 all or portions of the reply briefs addressing their respective response briefs, <br />13 arguing that the two reply briefs do not respond to "new matters" raised in the <br />14 response briefs. OAR 661-010-0039. Petitioners respond, arguing that the <br />15 reply briefs are limited to "new matters" and should be allowed. <br />16 We tend to agree with the city and intervenor that some portions of each <br />17 reply brief address responses in the response briefs that are not appropriately <br />18 characterized as "new matters" within the meaning of OAR 661-010-0039. <br />19 However, the disputed responses and replies seem peripheral to resolving the <br />20 merits of this appeal, and the effort necessary to separate wheat from chaff <br />21 would benefit no party. Accordingly, the motions to strike are denied, and the <br />22 two reply briefs are allowed. <br />23 FACTS <br />24 A. The Subject Property <br />25 The subject property is a parcel approximately 121 acres in size, located <br />26 in the south hills of Eugene. The northern majority of the subject property is <br />Page 3 <br />Laurel Ridge Record (Z 15-5) Page 1041 <br />