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HomeMy WebLinkAbout2021-10-05 C Macbeth (COLW) - Letter re Record Extension Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 2843 NW Lolo Dr., Ste. 200 | Bend, OR 97703 Phone: (541) 647-2930 www.colw.org October 5, 2021 1:05 PM Hearings Officer Marshall c/o Kyle Collins Deschutes County Community Development 117 NW Lafayette Avenue Bend, OR 97703 re: Rebuttal period for File No. 247-21-000616-PA, -617 ZC; Comprehensive Plan Amendment to change designation from Agricultural to Rural Residential Exception Area; Zone Change to rezone from Exclusive Farm Use to Multiple Use Agricultural Dear Hearings Officer Marshall: Pursuant to DCC 22.24.140(2)(b), LandWatch respectfully requests the Hearings Officer to add seven days to the submission schedule initially set for this matter, for the benefit of the applicant. DCC 22.24.140(2) Any party is entitled to a continuance of the initial evidentiary hearing or to have the record left open in such a proceeding in the following instances: a. Where additional documents or evidence are submitted by any party; or b. Upon a party's request made prior to the close of the hearing for time to present additional evidence or testimony. LandWatch requests that the Hearings Officer leave the record open for an additional seven days to allow the applicant seven days to rebut our September 28, 2021 comments, followed by the planned-for seven days for applicant final comments. This would mean the rebuttal period would be extended to October 12, and the applicant's final comments would be due October 19. Our attached comments were submitted within the open record period, on September 28, 2021, for delivery to Kyle Collins, but apparently that did not occur. This was not the applicant's fault, and we do not wish to see the applicant disadvantaged by the mix-up that meant these were not available for review by the applicant at the time they were submitted. Protecting Central Oregon’s Natural Environment And Working For Sustainable Communities 2 LandWatch's September 28, 2021 letter complied precisely with the Hearings Officer's submission procedure for the seven day open record period. LandWatch submitted the materials within the time period the Hearings Officer specified, and was told by the planning staff who accepted them, that the submission would be delivered to Kyle Collins. Though the subject line was incorrect since they are dated as received by Deschutes County on September 28, 2021 and since LandWatch was promised they would be delivered to the staff person for these proceedings and since they clearly pertain to these proceedings, there can be no colorable argument that LandWatch did not comply with the Hearings Officer's submission procedure for the open record period. The attached materials dated September 28, 2021 are wholly responsive to evidence submitted during the period the record was open. If necessary they qualify as rebuttal materials. They have been submitted once within the open record period, and again within the rebuttal period, which closes at 5 PM today. LandWatch respectfully asks the Hearings Officer to accept them as open record materials and in the alternative as rebuttal materials, and to allow the applicant an additional seven days until October 19, rather than October 12, to respond within the time period the applicant would have had, had the applicant been able to see LandWatch's comments when they were submitted. Sincerely, /s/ Carol Macbeth Carol Macbeth Staff Attorney